I would read from the context — Don Ramsay
Great minds! Saw this after I posted my reply.Having read the article — Don Ramsay
I agree with you completely @Aaron Marshall, and that is my point that H&S investigation should not be included under the types of investigations covered by the Act's definition of a "Private Investigator" as the private/identifiable information that may need to be collected for the investigation of the event either doesn't need to be included in the final report or can be de-identified/anonymised.Any information released should be de-identified. So, the information provided relates to the incident, and causes. While the information collected will include a lot of personal info, this should not be released to the customer. — Aaron Marshall
The wording from PSPLA is clear that any member of NZISM is covered. To clarify, the PSPLA policy is based on the HASANZ member organisations having their own "codes of ethics" and complaints processes - since these apply to all members of NZISM (not just graded members) it would stand that all members of NZISM are covered by this exemption.HASANZ and its member organisation are better placed than the PSPLA to regulate and have oversight of health and safety professionals. Therefore, any person who is on the HASANZ register or is a member of a HASANZ member organisation is not required to also hold a license or certificate with the PSPLA, and complaints against them for failing to do so will not be accepted by the Authority.
Likely in the same situation as for H&S Consultants - given to be eligible to be a HSR under the Worker Engagement regs you have to be a worker in the workgroup then the PSPLA would have to conclude the same "in-house" exception would apply. Regarding the disclosure of information clause 14 of Part 1 of Schedule 2 of HSWA provides rules around what information a HSR can disclosed and when/who they can disclose it to. Which is what I would rather had seen in the PSPLA decision rather than a seemingly arbitrary line in the sand drawn based on employment status or membership of certain organisationsAs a footnote, I searched the HSWA for "investig" and found that safety reps can investigate worker complaints. What if the complaints were about workplace incidents? Would there be a conflict between our Act and the Private Security Personnel and Private Investigators Act? — Chris Peace
If you are interested in workplace health & safety in New Zealand, then this is the discussion forum for you.