(2) 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—
(a) does
not identify the worker; and
(b) could not reasonably be expected to lead to
the identification of the worker.
Penalty—
Maximum penalty—100
penalty units.
(3) 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 mentioned in section 70(1) (f) .
(4) 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—
(a) if the assistant has had his or her WHS entry permit
revoked; or
(b) during any period that the assistant’s WHS entry permit is
suspended or the assistant is disqualified from holding a WHS entry permit.
(5) 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.
(6) 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.
Note—
The dispute resolution process in
division 7A can be used to resolve a dispute about the refusal of access to a
person assisting a health and safety representative under subsection (5) .
(b) financial information or other information that has a
commercial value and, if disclosed, will cause significant financial harm to a
business or undertaking.