Queensland Consolidated Regulations

PUBLIC SECTOR REGULATION 2023 - REG 9

9 Meaning of employee record

(1) Each of the following documents is, to the extent the document contains information about a prescribed employee, an
"employee record" —

(a) a report, correspondence item or other document about the employee’s work performance, work conduct or work history;

(b) a medical report about the employee;

(c) a written allegation of misconduct by the employee.

(2) However, none of the following documents is an employee record about the prescribed employee—

(a) a medical report about the employee indicating that disclosure of information in the report to the employee might be prejudicial to the employee’s mental or physical health or wellbeing;

(b) a document created by an appropriately qualified person for the primary purpose of providing a professional counselling service to another public service employee that contains information about the employee;

(c) a document about the employee that—

(i) is a public interest disclosure, or a record of a public interest disclosure, made under the Public Interest Disclosure Act 2010 ; or

(ii) was brought into existence for the administration of that Act;

(d) a document about the employee relating to suspected corrupt conduct under the Crime and Corruption Act 2001 or an investigation of the conduct;

(e) a document about the employee relating to a suspected criminal offence or an investigation of the offence;

(f) a document that is subject to legal professional privilege.

(3) In this section—

"misconduct" see section 91 (5) of the Act .