New South Wales Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 71

71 Exceptions from obligations under section 70 (1)

(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--115 penalty units, or

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

(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 the assistant's WHS entry permit is suspended or 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.