(1) A person conducting a business or undertaking must ensure that health monitoring reports in relation to a worker carrying out work for the business or undertaking are kept as a confidential record:
(a) identified as a record in relation to the worker; and
(b) for at least 30 years after the record is made.
(a) In the case of an individual--$1 250.
(b) In the case of a body corporate--$6 000.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
(2) The person must ensure that the health monitoring report and results of a worker are not disclosed to another person without the worker's written consent.
(a) In the case of an individual--$1 250.
(b) In the case of a body corporate--$6 000.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
(3) Subregulation (2) does not apply if the record is disclosed under regulation 412, 413 or 414 or to a person who must keep the record confidential under a duty of professional confidentiality.