Queensland Subordinate Legislation as Made Queensland Subordinate Legislation as Made(1) Subject to subsection (2), each of the following documents, to the extent it contains information about a public service employee, is an employee record about the employee--
(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) None of the following documents is an employee record about a public service employee--
(a) a medical report about the employee indicating that disclosure of information in it to the employee might be prejudicial to the employee's mental or physical health or wellbeing;
(b) an employee assistance provider document about the employee;
(c) a Whistleblowers Protection Act document about the employee;
(d) a document about the employee relating to suspected official misconduct under the Crime and Misconduct Act 2001 or its investigation;
(e) a document about the employee relating to a suspected criminal offence or its investigation;
(f) a document to which legal professional privilege applies.
(3) In this section--
employee assistance provider means a person with a qualification to provide professional counselling services.
employee assistance provider document means a document about any public service employee created by an employee assistance provider for the primary purpose of providing a professional counselling service to a public service employee.
misconduct see the Act, section 187(2).
Whistleblowers Protection Act document means a document that--
(a) is a public interest disclosure, or record of a public interest disclosure, made under the Whistleblowers Protection Act 1994; or
(b) was brought into existence for that Act's administration.