(1)
A PCBU must ensure that a health monitoring report in relation to a worker who works for the PCBU is kept—
as a confidential record that is identified as a record in relation to the worker; and
for—
40 years after the date on which the record is made, if the monitoring is undertaken in order to detect asbestos-related disease:
30 years after the date on which the record is made, in any other case.
(2)
The PCBU must ensure that the health monitoring report is not disclosed to another person without the worker’s written consent.
(3)
Subclause (2) does not apply if the record is disclosed under regulation 40 or 41.
(4)
A PCBU who contravenes subclause (1) or (2) commits an offence and is liable on conviction,—
for an individual, to a fine not exceeding $2,000:
for any other person, to a fine not exceeding $10,000.
Compare: Model Work Health and Safety Regulations (Aust) r 378