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WORKPLACE RELATIONS REGULATIONS 2006 (SLI NO 52 OF 2006) - REG 2.19.20

Inspection and copying of a record

         (1)   An employer must make a copy of a record available, in accordance with subregulations (2) and (3), on request by:

                (a)    the employee, or the former employee, to whom the record relates; or

               (b)    a workplace inspector.

Note    Divisions 4 and 5 of Part 15 of the Act deal with a registered organisation's right to inspect records in relation to employment.

         (2)   The employer must make the copy available in a legible form in the English language to the person making the request for inspection and copying.

         (3)   The employer must make the copy available:

                (a)    if the request is from an employee or former employee and the record is kept at the premises where the employee works or worked -- within 3 business days at those premises or by posting a copy of the record to the employee or former employee within 14 days of receiving the request; or

               (b)    if the request is from a workplace inspector -- within 3 business days at the employer's business premises or by posting or faxing a copy of the record to the workplace inspector within 14 days of receiving the request.

         (4)   Strict liability applies to the physical elements in subregulations (1), (2) and (3).

Note    For strict liability , see section 6.1 of the Criminal Code .

         (5)   Subregulation (1) is a civil remedy provision.


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