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Section : 120 Entry to inspect employee records or information held by another person
Domain : Human Resource Management
Classification : Not Identified
Text Content
- (1) This section applies if a WHS entry permit holder is entitled under section 117 to enter a workplace to inquire into a suspected contravention of this Act.
- (2) For the purposes of the inquiry into the suspected contravention, the WHS entry permit holder may enter any workplace for the purpose of inspecting, or making copies of:
- (a) employee records that are directly relevant to a suspected contravention; or
- (b) other documents that are directly relevant to a suspected contravention and that are not held by the relevant person conducting a business or undertaking.
- (3) Before doing so, the WHS entry permit holder must give notice of the proposed entry to the person from whom the documents are requested and the relevant person conducting a business or undertaking.
- (4) The notice must comply with the regulations.
- (5) The notice must be given during usual working hours at that workplace at least 24 hours, but not more than 14 days, before the entry. Note: The use or disclosure of personal information obtained under this section is regulated under the Privacy Act 1988 . Compilation No. 16 Compilation date: 01/07/2024