Section 271 — Work Health and Safety Act 2011: Confidentiality of information

(1) This section applies if a person obtains information or gains access to a document in exercising any power or function under this Act (other than under Part 7). (2) The person must not do any of the following: (a) disclose to anyone else: (i) the information; or (ii) the contents of or information contained in the document; (b) give access to the document to anyone else; (c) use the information or document for any purpose. Penalty: The tier D monetary penalty. (3) Subsection (2) does not apply to the disclosure of information, or the giving of access to a document or the use of information or a document: (a) about a person, with the person’s consent; or (b) that is necessary for the exercise of a power or function under this Act; or (c) that is authorised under section 271A; or (d) that is required by any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions; or (e) that is required or authorised under a law of the Commonwealth, a State or a Territory; or (f) to a Minister. (4) A person commits an offence if: (a) the person (the defendant) intentionally discloses to another person the name of an individual; and (b) the individual has made a complaint in relation to the person to whom the individual’s name is disclosed; and (c) the defendant knows or is reckless as to that fact. However, the defendant does not commit an offence if the disclosure is made with the consent of the individual or is required under a law. Penalty: The tier D monetary penalty.