Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_36
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 36
Character Range: 2250804–2251938

36  Information

Legal professional privilege
 (1) Neither:
 (a) the health and safety representative; nor
 (b) if the health and safety representative is assisted by a consultant—the consultant;
is entitled, under subparagraph 34(1)(d)(ii) of this Schedule, to have access to information in relation to which a group member is entitled to claim, and does claim, legal professional privilege.

Medical information
 (2) Neither:
 (a) the health and safety representative; nor
 (b) if the health and safety representative is assisted by a consultant—the consultant;
is entitled, under subparagraph 34(1)(d)(ii) of this Schedule, to have access to information of a confidential medical nature relating to a person who is or was a group member unless:
 (c) the person has delivered to the operator or any work group employer a written authority permitting the health and safety representative, or the health and safety representative and the consultant, as the case requires, to have access to the information; or
 (d) the information is in a form that does not identify the person or enable the identity of the person to be discovered.