Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FAIR WORK ACT 2009 - SECT 495

Giving notice of entry

  (1)   A permit holder must not exercise a State or Territory OHS right to inspect or otherwise access an employee record of an employee, unless:

  (a)   he or she has given the occupier of the premises, and any affected employer, a written notice setting out his or her intention to exercise the right, and reasons for doing so; and

  (b)   the notice is given at least 24 hours before exercising the right.

Note:   This subsection is a civil remedy provision (see Part   4 - 1).

Meaning of affected employer

  (2)   A person is an affected employer :

  (a)   in relation to an entry onto premises in accordance with this Division--if one or more of the person's employees perform work on the premises; and

  (b)   in relation to a right to inspect or otherwise access an employee record in accordance with this Division--if the person employs the employee to whom the record relates.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback