New South Wales Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 172

172 Medical practitioner to retain records

(1) A medical practitioner must ensure that medical records obtained as a result of health surveillance for an employee are retained as confidential records and, if the medical practitioner has examined or treated the employee for any other purpose, that the records are clearly identified as being for the purpose of health surveillance under this Regulation.

(2) The medical practitioner must ensure that the informed consent of the employee is obtained, in writing, before any medical records that have been obtained as a result of health surveillance, and that identify the employee, are provided to any person who is not bound to observe principles of professional confidentiality.

(3) If the medical practitioner ceases to practise in New South Wales, the medical practitioner must offer the records:

(a) to WorkCover, in relation to records of health surveillance of persons employed at places of work that are not mining workplaces or coal workplaces, or

(b) to the Department Head (Mining), in relation to records of health surveillance of persons employed at places of work that are mining workplaces or coal workplaces.

Maximum penalty: Level 1.