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Work Health and Safety (National Uniform Legislation) Act 2011
148Unauthorised use or disclosure of information or documents
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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 2 of this Part 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
Work Health and Safety (National Uniform Legislation) Act 2011 85
(d) the person reasonably believes that the use or disclosure is
reasonably necessary for one or more of the following by, or
on behalf of, an enforcement body (within the meaning of the
Privacy Act 1988 (Cth)):
(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, proceedings 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.