Australian Capital Territory Current Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 71

    (1)     This section applies despite section 70 (1).

    (2)     The person conducting a business or undertaking must not allow a health and safety representative to have access to any personal or medical information concerning a worker without the worker's consent unless the information is in a form that—

        (a)     does not identify the worker; and

        (b)     could not reasonably be expected to lead to the identification of the worker.

Maximum penalty:

        (a)     in the case of an individual—$10 000; or

        (b)     in the case of a body corporate—$50 000.

Note     Strict liability applies to each physical element of this offence (see  s 12A).

    (3)     The person conducting a business or undertaking is not required to give financial assistance to a health and safety representative for the purpose of the assistance referred to in section 70 (1) (g).

    (4)     The person conducting a business or undertaking is not required to allow a person assisting a health and safety representative for a work group to have access to the workplace—

        (a)     if the assistant has had his or her WHS entry permit revoked; or

        (b)     during any period that—

              (i)     the assistant's WHS entry permit is suspended; or

              (ii)     the assistant is disqualified from holding a WHS entry permit.

    (5)     The person conducting a business or undertaking may refuse on reasonable grounds to grant access to the workplace to a person assisting a health and safety representative for a work group.

    (6)     If access is refused to a person assisting a health and safety representative under subsection (5), the health and safety representative may ask the regulator to appoint an inspector to assist in resolving the matter.