Section 71 — Work Health and Safety Act 2011: 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.