South Australian Current Acts

WORK HEALTH AND SAFETY ACT 2012 - 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—$10 000;

            (b)         in the case of a body corporate—$50 000.

        (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.