AustLII Tasmanian Consolidated Acts

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WORKPLACE HEALTH AND SAFETY ACT 1995 - SECT 43

43. Inspector not to divulge information nor to have financial interest

      (1) An inspector or a person employed in the Department must not divulge any information obtained in the exercise of an inspector's powers or functions under this Act except –

(a) in the course of official duties; or

(b) when required to do so by law.

Penalty:

Fine not exceeding 50 penalty units.

      (2) Subsection (1) does not prevent the Secretary and Director from –

(a) providing a brief factual report of an accident in which a person was injured to that person, that person's legal representative or the employer; or

(b) making public a brief account of an accident with identifying details omitted and with recommendations for preventing its recurrence in the interests of industrial safety; or

(c) making public reports of statistics relating to injuries and risks to health at workplaces.

      (3) Nothing in the Freedom of Information Act 1991 authorises the disclosure of any information obtained in the exercise of an inspector's powers or functions under this Act which would disclose a trade secret or place an employer's business at competitive disadvantage.

      (4) If an inspector has any direct or indirect financial interest in any premises or place in respect of which the inspector is performing or exercising powers or functions under this Act, the inspector must as soon as is reasonably practicable disclose that interest to the Secretary.

Penalty:

Fine not exceeding 50 penalty units.



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