New South Wales Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 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--115 penalty units, or

(b) in the case of a body corporate--575 penalty units.

(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.

(3A) Without limiting subsection (3), any information or document, including the following information or documents, lawfully obtained or accessed by a person exercising a power or function under this Act may be disclosed or given under subsection (3)(c)(v) to a corresponding regulator--

(a) information provided, or a document produced, under section 155 or Part 9,

(b) information or a document that is personal information or health information about an individual despite the Privacy and Personal Information Protection Act 1998 or the Health Records and Information Privacy Act 2002 .

(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--115 penalty units, or

(b) in the case of a body corporate--575 penalty units.