Tasmanian Consolidated Acts

WORKPLACE HEALTH AND SAFETY ACT 1995 - SECT 28

      (1) The functions of a health and safety committee are –

(a) to facilitate consultation and co-operation between the employer and persons working at the workplace for which the committee is established in initiating, developing and implementing measures designed to ensure the health and safety of the persons at that workplace; and

(b) to keep itself informed about standards relating to health and safety in workplaces of a comparable nature; and

(c) to review and make recommendations to the employer on rules and procedures at that workplace relating to the health and safety of the persons working at that workplace; and

(d) to recommend to the employer the establishment, maintenance and monitoring of programs, measures and procedures at that workplace relating to the health and safety of the persons working at that workplace; and

(e) to keep, in an accessible place and form, such information as is provided under this Act and by the employer regarding the hazards to persons that arise or may arise at that workplace; and

(f) to consider and make recommendations to the employer relating to training and education in, and promotion of, health and safety at that workplace; and

(g) to consider and make recommendations to the employer relating to changes to be made at that workplace following an accident or dangerous incident; and

(h) to perform such other functions as may be given to the committee, with its consent, by an employer or as may be prescribed.

      (2) Except as is provided in this section or section 31, or as may be prescribed, the terms of employment of an employee who is a member of a health and safety committee remain subject to the control of the person by whom the member is employed.

      (3) Subject to subsection (4), a person who is a member of a health and safety committee must not disclose information obtained by the committee if the information relates to –

(a) commercial or trading operations; or

(b) the physical or mental condition, or the personal circumstances or affairs, of an employee or other person at the workplace for which the committee is established.

Penalty:

Fine not exceeding 50 penalty units.

      (4) The disclosure of the information referred to in subsection (3) is permitted if it is –

(a) a disclosure made in the course of the performance of the person's functions as a member of the health and safety committee; or

(b) a disclosure of statistical information; or

(c) a disclosure required by law; or

(d) a disclosure made with the written consent of the person to whom the information relates; or

(e) a disclosure authorised by regulations made under this Act.