FOI 2024/1448
s 47E(c)
WHS Act, s 155 (2)(a)/(b) Notice Template v6.0 February 2024
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FOI 2024/1448
PENALTIES
Under the Commonwealth Criminal Code Act 1995, giving false or misleading information or documents in response to this notice is
a serious offence (sections 137.1 and 137.2). The maximum penalty for either offence is 12 months’ imprisonment. Refusal or failure
to comply with a requirement of this notice without reasonable excuse is an offence under the WHS Act (section 155(5)) and may
incur a tier D monetary penalty. Please see Schedule 4 of the WHS Act for the current monetary penalties.
RELEVANT LEGISLATION
WHS Act, s 155
Section 155 of the WHS Act empowers Comcare to obtain information and documents from a person. An appointed Comcare Inspector
has been delegated the power under section 154 of the WHS Act, to issue this notice.
Section 155(2)(a) requires that the information required by this notice be given in writing and signed by a competent officer of the
body corporate. Section 155(2)(b) requires the documents required by this notice to be produced to Comcare.
WHS Act, s 172
A person (individual, body corporate or body politic) is not excused from answering a question or providing information or a document
on the ground that the answer to the question or information or document may tend to incriminate the person or expose the person
to a penalty.
However, if an individual provides an answer to a question or produces information or a document in response to this notice, the
answer to the question or the information or document will not be admissible in evidence in civil or criminal proceedings against that
individual. Furthermore, any information, document, or thing obtained as a direct or indirect consequence of an individual answering
the question or producing the information or document in response to this notice, will be inadmissible in evidence in civil or criminal
proceedings against that individual.
Section 172 of the WHS Act does not apply to answering a question or providing information or a document in response to a
requirement made under a corresponding WHS law. See section 4 of the WHS Act for the definition of a corresponding WHS law.
WHS Act, s 269
This notice does not require a person (whether an individual, body corporate or body politic) to produce a document that would
disclose information, or otherwise provide information, that is the subject of legal professional privilege. A legal practitioner should
be consulted for further information regarding obligations, requirements and what constitutes legal professional privilege.
LEGAL REPRESENTATION
If you are required to give information, provide documents or answer questions, you may attend with a legal practitioner (see section
155(3)(c)(ii)).
DEFINITIONS
Document means any record of information and includes: anything on which there is writing; and anything on which there are marks,
figures, symbols or perforations having a meaning for persons qualified to interpret them; and anything from which sounds, images
or writings can be reproduced with or without the aid of anything else; and a map, plan, drawing or photograph. Any document
produced in accordance with this notice must be a complete, accurate and legible copy of the document so far as possible. Where
colour has a particular meaning, significance or purpose in a document, you must produce a colour copy of that document.
‘Competent officer’ is not defined in the WHS Act. A competent officer is an individual nominated by a body corporate to respond
to a notice. They should have sufficient authority and expertise to respond to the notice on behalf of the body corporate.
CONFIDENTIALITY OF INFORMATION
Comcare is the Commonwealth regulator authorised by the WHS Act to collect information (including personal information) relevant
to the exercise of its functions and powers under the WHS Act and Commonwealth Work Health and Safety Regulations 2011 (WHS
Regulations). Comcare will only disclose, give access to or use information or documents obtained under this notice in accordance
with its confidentiality of information obligations under section 271 of the WHS Act.
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WHS Act, s 155 (2)(a)/(b) Notice Template v6.0 February 2024
FOI 2024/1448
PRIVACY STATEMENT
Comcare will only collect, use or disclose personal information in accordance with the Commonwealth Privacy Act 1988 and if it is
reasonably necessary for, or directly related to, one or more of our functions, powers and/or activities. Comcare is the Commonwealth
agency authorised by the WHS Act to collect personal information relevant to the exercise of functions and powers under the WHS
Act, the WHS Regulations and the administration and evaluation of Comcare’s WHS programs. Any personal information collected in
these forms will be used for those purposes. In exercising its functions and powers, Comcare may disclose personal information,
subject to confidentiality of information provisions under the WHS Act, to the following bodies and agencies, including but not limited
to:
Comcare’s internal and external legal
personnel engaged by Com-
any other person assisting Comcare in the
advisers
care to conduct research re-
performance of its functions or exercise of
the Safety, Rehabilitation and Com-
lated activities
its powers, including contractors and
pensation Commission
enforcement agencies or
consultants
a court or tribunal
bodies
any other person where there is an
state or territory work health and
state and territory Coroners
obligation under law to do so (for example
safety regulatory agencies
Commonwealth, state or terri-
but not limited to, responding to the
tory industry regulators
direction of a court to produce
documentation).
If Comcare does not collect personal information from you for the purposes of its legislated functions or related functions, we may
not be able to perform our functions or activities. For further information on how Comcare handles personal information, please read
our Privacy Policy on our website. If you require further information or wish to request a change to your personal information or to
make a complaint, please email xxxxxxx@xxxxxxx.xxx.xx.
www.comcare.gov.au | 1300 366 979
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WHS Act, s 155 (2)(a)/(b) Notice Template v6.0 February 2024
