Terms
Before accessing the site you must carefully read, and agree to, the terms listed below.
In these terms, 'we', 'us' and 'our' means Resources Safety and Health Queensland (RSHQ), a Queensland Government entity (ABN 49 809 734 894), established under the Resources Safety and Health Queensland Act 2020, and our successors. You will find the meaning of other defined terms at the end of these terms, under the heading 'Definitions'.
Your use of the site
Your access to and use of this site is conditional upon your acceptance of these terms. You are required to accept these terms each time you use this site and by doing so you agree to be bound by these terms.
Changes to these terms
We have the right to unilaterally change or discontinue any feature of this site at any time. We have the right to change these terms at any time by publishing an updated version of the terms on this site. It is your responsibility to ensure you are aware of any changes to these terms each time you visit this site.
Privacy
We will collect your personal information and medical records to comply with the Coal Mine Workers' Health Scheme under Part 6, Division 2 of the Coal Mining Safety and Health Regulation 2017 ('the Regulation'), including to enable employers, workers and doctors to arrange and complete health assessments for coal mine workers, to manage a register of medical providers and to undertake health surveillance. We will also collect your information to maintain and operate this site. Your information on this site will be stored within Australia by our service providers.
To use this site, you must authenticate with the QGov system. You will be required to verify your identity on the QGov site, we do not collect the details that you use to complete this authentication, besides your name and date of birth.
Personal information may be accessible by us and others in accordance with your consent, the Regulation and as otherwise permitted or authorised by law. This includes the accessing of your personal information by medical providers for the purpose of completing a health assessment. Information may be provided to employers to arrange health assessments and by receiving a copy of the health assessment report upon completion of a health assessment.
In accordance with section 52 of the Regulation we may disclose personal information and medical records for research purposes, including longitudinal health surveillance, if approved by an ethics committee. From time to time it may be necessary for medical records to be disclosed for the purpose of carrying out an audit or review. We will only disclose your personal information (contained in your medical records) to third parties for these purposes if you have provided your consent.
Site and information access for employers, workers and doctors is limited to that necessary to carry out their functions under the Coal Mine Workers' Health Scheme. For example employers will only have access to the Health Assessment report, where doctors will be able to see medical information for the assessment.
As a registered user of this site, you can access information that you previously entered on this site and update your personal details at any time. You may also be entitled to access copies of medical records. Applications to obtain copies of medical records can be made by using our medical record release form which is available on our website.
Please see our privacy statement for more information.
Privacy for worker medical records
The purpose of the Scheme is to protect coal mine workers from adverse health effects of mining hazards that may cause ill health by identifying and monitoring medical conditions and improving health outcomes for current and future coal mine workers. RSHQ retains all workers' medical records associated with their health assessments.
Under the Scheme your personal information, including medical information, may be disclosed to and used by:- medical practitioners and providers for the purpose of completing your health assessments as required under the Scheme;
- a person, such as a doctor, to enable the person to carry out an assessment or review. For example, your previous chest X-ray results, or spirometry results to undertake a comparative assessment.
- your employer, for the purposes of arranging your health assessments and receiving a copy of your health assessment reports, as required under the Scheme.
- appropriately qualified persons for approved research.
Further information about how RSHQ deals with your personal information can be found at www.rshq.qld.gov.au/privacy.
Security
When you access this site, your interaction across the internet is protected by HTTPS and Transport Layer Security (SSL/TLS) encryption. SSL/TLS is an industry standard for secure interactions. If your browser does not support the latest versions of SSL/TLS, you will not be able to access the site. Although we take reasonable care in providing information, including by implementing SSL/TLS, we do not warrant or guarantee security of this site or internet communications. You agree to accept all risks associated with using the internet and this site. You are solely responsible for the security of your device (and data stored on that device).
Cookie management
We use cookies to improve user experience on this site. When you access this site, a cookie from our web server is automatically placed on your computer. If you wish to use all features of this site you will need to accept cookies. To enable cookies you may need to change your internet browser configuration. Further information can be found in this external guide. If you have configured your browser to reject all cookies you will still be able to view information pages on this site.
Cookies must be enabled when using a shared device. If you do not enable cookies, your browser may not disconnect from ResHealth and your personal data may not be protected.
Management of accounts and permissions
The site permits you to set permissions for how data relevant to you is shared with other users. You are solely responsible for ensuring that you have configured these permissions to allow and restrict access in accordance with the Coal Mining Safety and Health Act 1999, the Coal Mining Safety and Health Regulation 2017 or any other relevant law.
For employers, you are solely responsible for administering the site access and permissions (and discontinuance of permissions) for individual users accessing and using the site on your behalf.
Access
To access this site you will require a QGov account which will require a 100 point ID check and is subject to the terms of use for Queensland Government Accounts. You must keep the login details and password of your QGov account confidential and not disclose them to any person. If you breach your obligations under this paragraph and this results in another person using this site with your QGov account, you are responsible and liable for the use that person makes of this site as if that person were you.
You agree that you must provide your own internet access and device, and that you will be responsible for all internet access, data download and other network charges arising from your use of this site. You acknowledge that you are responsible for the operation and maintenance of your device.
Permitted Use
You must abide by all requirements of the Queensland Government Acceptable Use Policy, except as otherwise contemplated by this site.
In using this site, you agree that our electronic record of your use of this site is a true and correct record and will be relied on as such.
You acknowledge and agree that:
- you may be required to indicate your acceptance and approval of information contained in any forms you submit online
- we intend to rely on any forms and attached documents which you submit online as if they were received with signature in hardcopy form.
Disclaimer
We do not warrant or make any representations and exclude, to the maximum extent permitted by law, all liability as to the following:
- that your system will meet the minimum requirements (as apply from time to time) to enable your use of this site
- in relation to the speed of transmission data that your use of this site will be uninterrupted or meet other performance benchmarks that the information available on the site will be current, complete, and accurate at all times
- that material or services in this site are appropriate or available for use in countries outside Australia; or in relation to, or endorse, the quality or appropriateness of any other third party website which you may access through this site (please see our disclaimer for more information).
To the maximum extent permitted by law, we will not be liable to you or third parties for:
- your system's incapacity in using this site
- interruptions or delays to use of the site whether beyond our control or not
- any non-compliance with foreign and local laws if you use this site outside Australia
- your use of other websites which you may access through this site including in relation to contracting viruses, worms, Trojan horses and other items of a destructive nature.
We disclaim and exclude, to the maximum extent permissible by law, any terms and conditions implied by law relating to any loss or damage that may be suffered by you as a result of you using this site.
Without limiting the above paragraph, we disclaim and exclude, to the maximum extent permissible by law, all representations, guarantees, conditions, warranties, rights, remedies, liabilities or other terms express or implied, that may be conferred by statute, general law or custom, except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this clause to be void. This includes without limitation any warranty as to the accuracy, quality, context, completeness, availability, reliability or suitability for any purpose, of any information contained in your personal information or accessed through this site.
You agree to release us from all responsibility and all liability in contract, or in tort, or pursuant to any other common law or statutory cause of action whatsoever (including without limitation, liability in negligence) arising under this agreement or in connection with your use of this site, for any loss or damage whether or not reasonably foreseeable, including but not limited to liability for an entity carrying out, or failing to carry out, any activity described in, or contemplated by, any document published by us relating to this site.
Please consult our disclaimer for further details.
Intellectual Property and Confidentiality
Material on this site is generally subject to the RSHQ Copyright Policy
Information and documents provided to us through the site become our records, and will be treated in accordance with the Coal Mining Safety and Health Act 1999 or the Coal Mining Safety and Health Regulation 2017.
You must only use records available through this site, in accordance with these terms or as otherwise permitted by law. You must not disclose records other than in accordance with the Coal Mining Safety and Health Act 1999, or the Coal Mining Safety and Health Regulation 2017.
These obligations will continue to apply even if your access to this site is disabled, terminated, suspended or withdrawn.
Governing Law
This agreement shall be governed by and interpreted in accordance with the laws of the State of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts of Queensland, and the courts having appeal from them.
Waiver
None of these terms will be taken to be waived except by written notice signed by you and us.
Definitions
'cookie' means an electronic file which is placed on your computer automatically to retain your preferences for this site so those preferences can be used next time you visit this site. Cookies used on this site are non-harmful and do not attempt to identify individual users.
'device' means your own internet-enabled device that is compatible with this site and has a current and working internet connection.
'service provider' means a Queensland Government department or instrumentality, or other government or non-government body contributing to this site.
'third parties' means any person or agent, excluding us or you, who acts on behalf of an individual person.
'this site' means the equipment, programs, services and systems provided by us or our service providers to allow you to use the online services and access the information provided by us and our service providers.
'use of this site' means your use of all online services and your access to all information provided on this site by us and our service providers.
'you' and 'your' means as applicable, the individual or legal entity using this site.
Contact us
If you have any questions regarding our terms, or if you encounter any problems with this site, please contact us at reshealth@rshq.qld.gov.au
Last reviewed 26 November 2020
© Resources Safety & Health Queensland 2020