Document ID: chunk:federal_register_of_legislation:C2024C00243:section:71
Version: federal_register_of_legislation:C2024C00243
Segment Type: section
Provision Reference: s 71
Character Range: 116442–117964

71  Exceptions from obligations under section 70(1)
 (1) This section applies despite section 70(1).
 (2) The person conducting a business or undertaking must not allow a health and safety representative to have access to any personal or medical information concerning a worker without the worker's consent unless the information is in a form that:
 (a) does not identify the worker; and
 (b) could not reasonably be expected to lead to the identification of the worker.
Penalty: The tier D monetary penalty.
 (3) The person conducting a business or undertaking is not required to give financial assistance to a health and safety representative for the purpose of the assistance referred to in section 70(1)(g).
 (4) The person conducting a business or undertaking is not required to allow a person assisting a health and safety representative for a work group to have access to the workplace:
 (a) if the assistant has had his or her WHS entry permit revoked; or
 (b) during any period that the assistant's WHS entry permit is suspended or the assistant is disqualified from holding a WHS entry permit.
 (5) The person conducting a business or undertaking may refuse on reasonable grounds to grant access to the workplace to a person assisting a health and safety representative for a work group.
 (6) If access is refused to a person assisting a health and safety representative under subsection (5), the health and safety representative may ask the regulator to appoint an inspector to assist in resolving the matter.