Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(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 40 years after the record is made.
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.
Penalty: The tier I monetary penalty.
(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.
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.
Penalty: The tier I monetary penalty.
(3) Subregulation (2) does not apply if the record is disclosed
under regulation 442 or 443 or to a person who must keep the record
confidential under a duty of professional confidentiality.