Commonwealth Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991 No. 30, 1991 - SECT 36

36. (1) Where there is a health and safety committee in respect of employees
of an employer, the employer must:

   (a)  subject to subsections (2) and (3), make available to the committee
        any information possessed by the employer relating to risks to the
        health and safety of employees:

        (i)    at any workplace under the employer's control; or

        (ii)   arising from the conduct by the employer of an undertaking, or
               from plant or substances used for the purposes of the
               undertaking; and

   (b)  permit any member of the committee who is an employee of the employer
        to take such time off work, without loss of remuneration or other
        entitlements, as is necessary for the member adequately to participate
        in the performance by the committee of its functions.

(2) An employer must not make available to a health and safety committee
information of a confidential medical nature relating to a person who is or
was an employee of the employer, unless:

   (a)  the person has delivered to the employer an authority permitting the
        information to be made available to the committee; 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 make available to a health and safety
committee any information in respect of which the employer is entitled to
claim, and does claim, legal professional privilege.