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Work Health and Safety Act 2011
148Unauthorised use or disclosure of information or
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148 Unauthorised use or disclosure of information or
documents
A person must not use or disclose information or a document obtained
under division 7.2 (Entry to inquire into suspected contraventions) in
an inquiry into a suspected contravention for a purpose that is not
related to the inquiry or rectifying the suspected contravention,
unless—
(a) the person reasonably believes that the use or disclosure is
necessary to lessen or prevent—
(i) a serious risk to a person’s health or safety; or
(ii) a serious threat to public health or safety; or
(b) the person has reason to suspect that unlawful activity has been,
is being or may be engaged in, and uses or discloses the
information or document as a necessary part of an investigation
of the matter or in reporting concerns to relevant persons or
authorities; or
(c) the use or disclosure is required or authorised by or under law;
or
General Division 7.8
(d) the person reasonably believes that the use or disclosure is
reasonably necessary for 1 or more of the following by, or on
behalf of, an enforcement body (within the meaning of the
Privacy Act 1988 (Cwlth)):
(i) the prevention, detection, investigation, prosecution or
punishment of criminal offences, breaches of a law
imposing a penalty or sanction or breaches of a prescribed
law;
(ii) the enforcement of laws relating to the confiscation of the
proceeds of crime;
(iii) the protection of the public revenue;
(iv) the prevention, detection, investigation or remedying of
seriously improper conduct or prescribed conduct;
(v) the preparation for, or conduct of, a proceeding before any
court or tribunal, or implementation of the orders of a court
or tribunal; or
(e) if the information is, or the document contains, personal
information—the use or disclosure is made with the consent of
the individual to whom the information relates.