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Contents (2011 - 10)
Work Health and Safety Act 2011 No 10
Current version for 7 July 2017 to date (accessed 22 November 2017 at 14:36)
Part 14 Division 1 Section 271
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.