Section 210 — Health and Safety at Work Act 2015: Confidentiality of information

210 Confidentiality of information (1) This section applies if the regulator obtains information or gains access to a document in performing or exercising any function, duty, or power under this Act or regulations. (2) The regulator must not publish or disclose, or direct any person to publish or disclose, any information or document to which this section applies unless— (a) the information or document is available to the public under any enactment or is otherwise publicly available; or (b) the information is in a statistical or summary form; or (c) the publication or disclosure of the information or document is— (i) for the purposes of, or in connection with, the performance or exercise of any function, duty, or power conferred or imposed on the regulator or the person by the relevant health and safety legislation; or (ii) to a regulatory agency in accordance with section 197 ; or (iii) to a person who the person disclosing the information is satisfied has a proper interest in receiving the information or document; or (iv) with the consent of the person to whom the information or document relates or of the person to whom the information or document is confidential; or (v) required or authorised by law. (3) The person must not publish or disclose, or direct a person to publish or disclose, any information or document under subsection (2)(c)(iii) unless the person is satisfied that appropriate protections are or will be in place for the purpose of maintaining the confidentiality of the information or document (in particular, information that is personal information within the meaning of the Privacy Act 1993 ). Compare: Model Work Health and Safety Act (Aust) s 271