Work Health and Safety Act 2012

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).

The person must not do any of the following:

disclose to anyone else—

the information; or

the contents of or information contained in the document;

give access to the document to anyone else;

use the information or document for any purpose.

in the case of an individual—$10 000;

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

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—

about a person, with the person's consent; or

that is necessary for the exercise of a power or function under this Act;

that is made or given by the regulator or a person authorised by the regulator if the regulator reasonably believes the disclosure, access or use—

is necessary for administering, or monitoring or enforcing compliance with, this Act; or

is necessary for the administration or enforcement of another Act prescribed by the regulations; or

is necessary for the administration or enforcement of another Act or law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public health or safety; or

is necessary for the recognition of authorisations under a corresponding

is required for the exercise of a power or function under a corresponding WHS law; or

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

that is required or authorised under a law; or

to a Minister.

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—

the disclosure is made with the consent of the complainant; or

the disclosure is required under a law.

in the case of an individual—$10 000;

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