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WORKPLACE RELATIONS REGULATIONS 2006 (SLI NO 52 OF 2006) - REG 2.19.39

Inspection and copying of outworker record

         (1)   A record keeper must make a copy of an outworker record available, in accordance with subregulations (2) and (3), on request by:

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

               (b)    a workplace inspector.

Note    The powers that a workplace inspector may exercise under this regulation are set out in section 906 of the Act.

         (2)   The record keeper 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 record is kept at the premises occupied by the record keeper at the time the contract work was done -- within 3 business days at those premises or by posting a copy of the record to the contract outworker or former contract worker within 14 days of receiving the request; or

               (b)    if the request is from a workplace inspector -- within 3 business days at the record keeper's 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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