Victorian Consolidated Regulations

8 Reg. 9.2.1: S.R. No. 127/2000 as amended by S.R. No. 96/2005. - SECT 2.1.4.

Reports of health surveillance to be confidential

2.1.4. Reports of health surveillance to be confidential



(1) An employer must ensure that any report resulting from the medical
examination or other health surveillance of an employee required under these
Regulations, and any summary of the results of such a report, is kept
confidential except in the circumstances set out in subregulation (2).

Penalty: 60 penalty units for a natural person; 300 penalty units for a body
corporate.

(2) An employer must provide a copy of a report or summary referred to in
subregulation (1) to-

   (a)  an employee to whom the report or summary relates as soon as is
        reasonably possible after the employer receives the report or summary;

   (b)  if an employee to whom the report or summary relates authorises in
        writing a third party to have access to the report or summary, that
        third party;

   (c)  if the Authority requests a copy of the report or summary, or if the
        employer is otherwise required by these Regulations to give the
        Authority a copy of the report or summary, the Authority.

Penalty: 60 penalty units for a natural person; 300 penalty units for a body
corporate. Note Section 69 of the Act provides that the health and safety
representative of the members of a designated work group must be allowed
access to information that an employer has relating to the health and safety
of the members of the group. The section permits a health and safety
representative to have access to relevant medical information relating to an
employee's health and safety that does not identify individual employees and,
with the consent of an employee, medical information that identifies that
employee.