Commonwealth Consolidated Acts

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WORK HEALTH AND SAFETY ACT 2011 - SECT 148

Unauthorised use or disclosure of information or documents

    A person must not use or disclose information or a document obtained under Division   2 of this Part   in an inquiry into a suspected contravention for a purpose that is not related to the inquiry or rectifying the suspected contravention, unless:

  (a)   the person reasonably believes that the use or disclosure is necessary to lessen or prevent:

  (i)   a serious risk to a person's health or safety; or

  (ii)   a serious threat to public health or safety; or

  (b)   the person has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the information or document as a necessary part of an investigation of the matter or in reporting concerns to relevant persons or authorities; or

  (c)   the use or disclosure is required or authorised by or under law; or

  (d)   the person reasonably believes that the use or disclosure is reasonably necessary for 1 or more of the following by, or on behalf of, an enforcement body (within the meaning of the Privacy Act 1988 ):

  (i)   the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;

  (ii)   the enforcement of laws relating to the confiscation of the proceeds of crime;

  (iii)   the protection of the public revenue;

  (iv)   the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;

  (v)   the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal; or

  (e)   if the information is, or the document contains, personal information--the use or disclosure is made with the consent of the individual to whom the information relates.

WHS civil penalty provision.

Penalty:   The WHS civil penalty provision tier 2.


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