Exceptions from obligations under section 70(1)
71 Exceptions from obligations under section 70(1)
This section applies despite section 70(1).
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:
does not identify the worker; and
could not reasonably be expected to lead to the identification of the worker.
Penalty: The tier D monetary penalty.
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).
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:
if the assistant has had his or her WHS entry permit revoked; or
during any period that the assistant’s WHS entry permit is suspended or the assistant is disqualified from holding a WHS entry permit.
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.
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.
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