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PUBLIC SECTOR REGULATION 2023 - REG 13
Access to employee record
13 Access to employee record
(1) This section applies if a chief executive has possession of an employee
record about a prescribed employee.
(2) The prescribed employee may, on
request— (a) inspect the record; or
(b) take an extract from, or copy, the
record.
(3) Subject to subsections (4) to (7) , the inspection, taking of the
extract or copying (the
"requested action" ) must be allowed at a time and place convenient to the
chief executive within 21 days after the request.
(4) Subsection (5) applies
if the record contains personal information of a person (the
"other person" ) other than the employee.
(5) The chief executive may refuse
the prescribed employee access to all or part of the record— (a) if the
chief executive is satisfied the access— (i) would be an unreasonable
invasion of the privacy of the other person or someone else; or
(ii) may
cause harm to the other person or someone else; or
(iii) would be contrary to
a law; or
(iv) would likely be refused if the request for access was an
access application made by the employee under the Information Privacy Act 2009
or the Right to Information Act 2009 ; or
(b) in other circumstances stated
under a directive.
(6) Subsection (7) applies if the chief executive
considers the requested action would be likely to prejudice an existing
relevant investigation or inquiry.
(7) The chief executive must allow the
requested action immediately after whichever of the following happens first—
(a) the chief executive no longer considers the requested action would be
likely to prejudice the relevant investigation or inquiry;
(b) the end of the
period of 6 months after the employee requests the requested action.
(8) In
taking the requested action, the employee must not remove anything from the
record.
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