Queensland 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.

Penalty—

Maximum penalty—100 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 and is authorised under section 271A ; 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.

Note—

The use or disclosure of personal information is also regulated under the Privacy Act 1988 (Cwlth) .

(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.

Penalty—

Maximum penalty—100 penalty units.