New South Wales Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 79

79 Duties of person conducting business or undertaking

(1) The person conducting a business or undertaking must allow each member of the health and safety committee to spend the time that is reasonably necessary to attend meetings of the committee or to carry out functions as a member of the committee.

: Maximum penalty--

(a) for an individual--121 penalty units, or

(b) for a body corporate--607 penalty units.

(2) Any time that a member of a health and safety committee spends for the purposes set out in subsection (1) must be with the pay that he or she would otherwise be entitled to receive for performing his or her normal duties during that period.

(3) The person conducting a business or undertaking must allow the health and safety committee for a workplace to have access to information that the person has relating to--

(a) hazards (including associated risks) at the workplace, and

(b) the health and safety of the workers at the workplace.

: Maximum penalty--

(a) for an individual--121 penalty units, or

(b) for a body corporate--607 penalty units.

(4) Despite subsection (3), the person conducting a business or undertaking must not allow the health and safety committee 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) for an individual--121 penalty units, or

(b) for a body corporate--607 penalty units.