Page 2263 - Week 11 - Tuesday, 31 October 1989
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(a) the person has delivered to the employer a written authority ... or
(b) the information is in a form that does not identify the person or enable the identity of the person to be discovered.
If an employer transgresses that, he is fined. Clause 43, a very similar clause, states:
A health and safety representative is not entitled to obtain access to -
(a) information in respect of which an employer is entitled to claim, and does claim, legal professional privilege; or
(b) information of a confidential medical nature relating to a person who is or was an employee of an employer unless -
(i) the person has delivered to the employer a written authority permitting the health and safety representative to have access to the information; or
(ii) the information is in a form that does not identify the person or enable the identity of the person to be discovered.
Virtually identical provisions are there, yet for the employer we have a penalty and for the health and safety rep of course there is no penalty. Accordingly, in all fairness and for consistency of the legislation, I believe the penalty in clause 58(2) should be deleted.
MR WHALAN (Minister for Industry, Employment and Education) (9.45): It is far from consistent, Mr Speaker. That is precisely one of the reasons why we oppose the proposal. It would be totally inconsistent with clause 44(2), which is a corresponding provision and which would still carry a penalty. Further, if the penalty were omitted as proposed, the employer's duty to keep an employee's medical information confidential would be quite unenforceable. So we oppose the amendment.
Amendment negatived.
MR WHALAN (Minister for Industry, Employment and Education) (9.46): I move:
Page 30, line 37, add at the end the following subclause:
"(4) Where -
(a) a declaration under section 38A is in force in respect of a construction site; and
(b) a worker to whom the declaration relates is a member of a health and safety committee established in respect of employees on the site;
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