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Contents (2011 - 10)
Work Health and Safety Act 2011 No 10
Current version for 7 July 2017 to date (accessed 19 November 2017 at 23:12)
Part 14 Division 1
Division 1 General provisions
268   Offence to give false or misleading information
(1)  A person must not give information in complying or purportedly complying with this Act that the person knows:
(a)  to be false or misleading in a material particular, or
(b)  omits any matter or thing without which the information is misleading.
Maximum penalty:
(a)  in the case of an individual—$10,000, or
(b)  in the case of a body corporate—$50,000.
(2)  A person must not produce a document in complying or purportedly complying with this Act that the person knows to be false or misleading in a material particular without:
(a)  indicating the respect in which it is false or misleading and, if practicable, providing correct information, or
(b)  accompanying the document with a written statement signed by the person or, in the case of a body corporate, by a competent officer of the body corporate:
(i)  stating that the document is, to the knowledge of the first-mentioned person, false or misleading in a material particular, and
(ii)  setting out, or referring to, the material particular in which the document is, to the knowledge of the first-mentioned person, false or misleading.
Maximum penalty:
(a)  in the case of an individual—$10,000, or
(b)  in the case of a body corporate—$50,000.
(3)  Subsection (2) places an evidential burden on the accused to show that the accused had indicated the extent to which the document was false or misleading or that the accompanying document sufficiently explained the extent to which the document was false or misleading.
269   Act does not affect legal professional privilege
Nothing in this Act requires a person to produce a document that would disclose information, or otherwise provide information, that is the subject of legal professional privilege.
270   Immunity from liability
(1)  An inspector, or other person engaged in the administration of this Act, incurs no civil liability for an act or omission done or omitted to be done in good faith and in the execution or purported execution of powers and functions under this Act.
(2)  A civil liability that would, but for subsection (1), attach to a person, attaches instead to the State.
271   Confidentiality of information
(1)  This section applies if a person obtains information or gains access to a document in exercising any power or function under this Act (other than under Part 7).
(2)  The person must not do any of the following:
(a)  disclose to anyone else:
(i)  the information, or
(ii)  the contents of or information contained in the document,
(b)  give access to the document to anyone else,
(c)  use the information or document for any purpose.
Maximum penalty:
(a)  in the case of an individual—$10,000, or
(b)  in the case of a body corporate—$50,000.
(3)  Subsection (2) does not apply to the disclosure of information, or the giving of access to a document or the use of information or a document:
(a)  about a person, with the person’s consent, or
(b)  that is necessary for the exercise of a power or function under this Act, or
(c)  that is made or given by the regulator or a person authorised by the regulator if the regulator reasonably believes the disclosure, access or use:
(i)  is necessary for administering, or monitoring or enforcing compliance with, this Act, or
(ii)  is necessary for the administration or enforcement of another Act prescribed by the regulations, or
(iii)  is necessary for the administration or enforcement of another Act or law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public health or safety, or
(iv)  is necessary for the recognition of authorisations under a corresponding WHS law, or
(v)  is required for the exercise of a power or function under a corresponding WHS law, or
(d)  that is required by any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions, or
(e)  that is required or authorised under a law, or
(f)  to a Minister.
(4)  A person must not intentionally disclose to another person the name of an individual who has made a complaint in relation to that other person unless:
(a)  the disclosure is made with the consent of the complainant, or
(b)  the disclosure is required under a law.
Maximum penalty:
(a)  in the case of an individual—$10,000, or
(b)  in the case of a body corporate—$50,000.
271A   Information sharing between regulators
(1)  Either one of the regulators or a member of staff of either one of the regulators is authorised to disclose information or give access to a document to the other regulator or a member of staff of the other regulator if the disclosure or giving of access is for the purpose of assisting the other regulator to exercise the powers or functions of the other regulator under this Act or the Work Health and Safety (Mines and Petroleum Sites) Act 2013.
(2)  Section 271 applies to the use of information or a document that a person obtains or gains access to as a result of the disclosure of the information or the giving of access to the document as authorised by this section, as if the person had obtained the information or gained access to the document in exercising a power or function under this Act.
(3)  Section 271 (2) does not apply to the disclosure of information or giving of access to a document as authorised by this section.
272   No contracting out
A term of any agreement or contract that purports to exclude, limit or modify the operation of this Act or any duty owed under this Act or to transfer to another person any duty owed under this Act is void.
273   Person not to levy workers
A person conducting a business or undertaking must not impose a levy or charge on a worker, or permit a levy or charge to be imposed on a worker, for anything done, or provided, in relation to work health and safety.
Maximum penalty:
(a)  in the case of an individual—$5,000, or
(b)  in the case of a body corporate—$25,000.