Commonwealth Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991 No. 30, 1991 - SECT 30

30. (1) The employer of all the employees included in a designated work group
for which there is a health and safety representative must:

   (a)  upon being requested to do so by the representative, consult with the
        representative on the implementation of changes at any workplace at
        which some or all of the employees in the group perform work for the
        employer, being changes that may affect the health and safety at work
        of the employees; and

   (b)  in respect of a workplace at which some or all of the employees
        perform work for the employer:

        (i)    permit the health and safety representative to make such
               inspection of the workplace as the representative is entitled
               to make in accordance with subparagraph 28 (1) (a) (i), and to
               accompany an investigator during any investigation at the
               workplace by the investigator; and

        (ii)   where there is no health and safety committee in respect of the
               employer's employees at the workplace - upon being requested to
               do so by the health and safety representative, consult with the
               representative concerning the development, implementation and
               review of measures to ensure the health and safety at work of
               those employees; and

   (c)  permit the health and safety representative to be present at any
        interview at which the representative is entitled to be present under
        paragraph 28 (1) (c); and

   (d)  subject to subsections (2) and (3), provide to the health and safety
        representative access to any information to which the representative
        is entitled to obtain access in accordance with subparagraph 28 (1)
        (d) (i) or (ii) and to which access has been requested; and

   (e)  permit the health and safety representative to take such time off
        work, without loss of remuneration or other entitlements, as is
        necessary to exercise the powers of a health and safety
        representative; and

   (f)  provide the health and safety representative with access to such
        facilities as are:

        (i)    prescribed for the purposes of this paragraph; or

        (ii)   necessary for the purposes of exercising the powers of a health
               and safety representative.

(2) An employer must not permit a health and safety representative to have
access to information of a confidential medical nature under the control of
the employer, being information relating to a person who is or was an employee
of the employer, unless:

   (a)  the person has delivered to the employer a written authority
        permitting the representative to have access to the information; or

   (b)  the information is in a form that does not identify the person or
        enable the identity of the person to be discovered.

(3) An employer is not required to provide to a health and safety
representative access to any information in respect of which the employer is
entitled to claim, and does claim, legal professional privilege.