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WORKPLACE RELATIONS REGULATIONS 2006 (SLI NO 52 OF 2006) - REG 2.19.4

Obligation to make and keep records relating to employees

         (1)   An employer who employs an employee must make, or cause to be made, a record in accordance with Divisions 3 and 4 in relation to the employee.

         (2)   Subject to regulation 19.17, an employer must keep, or cause to be kept, an entry in a record:

                (a)    in the case of a matter of a kind mentioned in regulation 19.8 or paragraph 19.15  (1) (e) -- for a continuous period of 7 years after the date on which:

                          (i)    the entry is changed; or

                         (ii)    the employee's employment with the employer is terminated;

                        whichever happens first; or

               (b)    in any other case -- for a continuous period of 7 years after the date on which the entry is made.

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

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

         (4)   Subregulations (1) and (2) are civil remedy provisions.


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