Schedule 1 Amendments
(regulation 3)
[1] Chapter 4
substitute
Chapter 4 Occupational Health and Safety
Part 1 Federal Safety Commissioner
4.1 Additional functions of Federal Safety Commissioner
(1) For paragraph 30 (h) of the Act, this regulation sets out functions of the Federal Safety Commissioner.
(2) It is a function to record information about the occupational health and safety performance of an accredited person.
(3) It is a function to disclose the recorded information in accordance with these Regulations.
4.2 Delegation by Federal Safety Commissioner
For paragraph 32 (1) (c) of the Act, an APS employee who is engaged for the purposes of the Office of the Federal Safety Commissioner is prescribed.
[2] Before regulation 8.1
insert in Chapter 8
8.1A Permitted recording or disclosure of protected information by designated official
(1) For paragraph 65 (3) (d) of the Act, a designated official may:
(a) make a record of protected information; and
(b) disclose the protected information;
in accordance with this regulation.
Examples of protected information
1 The adequacy of the performance of an accredited person.
2 Details of an occupational health and safety incident on the building site of an accredited person.
3 The reason for a sanction or penalty imposed by the Federal Safety Commissioner against an accredited person.
Note The recording and disclosure of information in accordance with this regulation is in addition to the recording and disclosure that is permitted by the Act.
(2) Protected information may be recorded, and disclosed to an Agency or authority of the Commonwealth, for the purpose of assisting that agency or authority to assess the suitability of accredited persons when entering into Commonwealth building contracts.
(3) Protected information may be recorded for any other purpose if the accredited person to whom the information relates, has consented, in writing, to the recording of the information for that purpose.
(4) Protected information that has been recorded in accordance with subregulation (3) may be disclosed to a person for any other purpose, if the accredited person to whom the information relates, has consented, in writing, to the disclosure of the information.
8.1B Permitted publication of protected information by Federal Safety Commissioner
(1) For paragraph 65 (3) (d) of the Act, and in addition to regulation 8.1A, the Federal Safety Commissioner may disclose protected information in accordance with this regulation, about:
(a) occupational health and safety policies; or
(b) occupational health and safety procedures; or
(c) safety work practices and performance;
relating to the building work of an accredited person.
(2) Protected information mentioned in subregulation (1) may be:
(a) disclosed to any person if the Federal Safety Commissioner considers that it is in the public interest to disclose it; or
(b) disclosed to a person appointed or employed by:
(i) the Commonwealth, a State or Territory; or
(ii) an authority of the Commonwealth, a State or Territory.
[3] Subregulation 8.1 (1)
substitute
(1) A building industry participant must, as soon as practicable, notify the ABC Commissioner of an application made to a court under the Act or the Workplace Relations Act if:
(a) the application is made by, or otherwise involves, the building industry participant; and
(b) the proceedings in which the application is made relate to building work.
[4] Subregulation 8.1 (3)
substitute
(3) A building industry participant must, as soon as practicable, notify the ABC Commissioner of the outcome of an application mentioned in subregulation (1).