Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 11

Circumstances in which information may be disclosed

11. Circumstances in which information may be disclosed



(1) Nothing in section 10 precludes a person from doing any of the following-

   (a)  producing a document to a court in the course of criminal proceedings;

   (b)  producing a document to a court or the Tribunal in the course of
        proceedings under this Act or the regulations;

   (c)  disclosing to a court in the course of criminal proceedings, or to a
        court or the Tribunal in the course of proceedings under this Act or
        the regulations, any matter or thing arising under this Act or the
        regulations or coming to the notice of the person-

   (i)  in the performance of official duties; or

   (ii) in the performance of a function or exercise of a power of, or on
        behalf of, the Authority;

   (d)  producing a document or disclosing information with respect to a
        matter or thing arising under this Act or the regulations to any of
        the following-

   (i)  the Secretary to the Department of Treasury and Finance;

   (ii) a corresponding Authority;

   (iii) an authority, department or public body, within the meaning of the
        Financial Management Act 1994, that has functions in relation to
        particular occupational health and safety matters arising under this
        or another Act;

   (iv) a committee of the Parliament;

   (v)  a person or body approved (in writing) by the Governor in Council for
        the purposes of this section;

   (e)  producing a document or disclosing information that is required or
        permitted by or under this or another Act to be produced or disclosed
        (as the case may be).

Note For corresponding Authority, see section 5.

(2) The Minister must cause a report of requests for the approval of persons
or bodies by the Governor in Council under subsection (1)(d)(v) to be laid
before each House of the Parliament within 14 sitting days of that House after
30 June in each year.

(3) The report must include the following matters in respect of each request-

   (a)  the name of the person sought to be approved;

   (b)  the reason for the request;

   (c)  the date of the request;

   (d)  whether the request was approved or refused.

Division 3-Power to make guidelines