(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.

Penalty:  In the case of –

(a) an individual, a fine not exceeding $10 000; or

(b) a body corporate, a fine not exceeding $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.