sec.354CRequirement to give information

### sec.354C Requirement to give information This section applies if— an employee has authorised an employer under section 354B to give information about the employee to an employee organisation; and the employee organisation gives the employer a written request for the information about the employee. The employer must, within 15 business days after receiving the request, give the employee organisation— the information requested to the extent it is held, or able to be accessed, by the employer; or if some or all of the information requested can not be given because it is not held, or able to be accessed, by the employer or because subsection (3) applies—a notice identifying the information that can not be given and the reason it can not be given. This subsection is a civil penalty provision. Subsection (2) (a) does not apply if giving the information is inconsistent with an Act or law. The information— must be given in writing and be legible; and may be given electronically. If the employer gives information to the employee organisation under subsection (2) (a) , the employer must notify the employee. If the employee is employed in a department (the first department ), the information required to be given to the employee organisation by the first department includes information that— is held by another department; and relates to the employee’s employment in the first department. However, if the employee is employed in more than 1 department, the information required to be given by the department to which the request is given is limited to the information about the employee’s employment in that department. In this section— department includes a public service entity mentioned in the Public Sector Act 2022 , section 9 (b) . s 354C ins 2020 No. 34 s 8A amd 2022 No. 27 s 3 sch 1 ; 2022 No. 34 s 365 sch 3 (sec.354C-ssec.1) This section applies if— an employee has authorised an employer under section 354B to give information about the employee to an employee organisation; and the employee organisation gives the employer a written request for the information about the employee. (sec.354C-ssec.2) The employer must, within 15 business days after receiving the request, give the employee organisation— the information requested to the extent it is held, or able to be accessed, by the employer; or if some or all of the information requested can not be given because it is not held, or able to be accessed, by the employer or because subsection (3) applies—a notice identifying the information that can not be given and the reason it can not be given. This subsection is a civil penalty provision. (sec.354C-ssec.3) Subsection (2) (a) does not apply if giving the information is inconsistent with an Act or law. (sec.354C-ssec.4) The information— must be given in writing and be legible; and may be given electronically. (sec.354C-ssec.5) If the employer gives information to the employee organisation under subsection (2) (a) , the employer must notify the employee. (sec.354C-ssec.6) If the employee is employed in a department (the first department ), the information required to be given to the employee organisation by the first department includes information that— is held by another department; and relates to the employee’s employment in the first department. (sec.354C-ssec.7) However, if the employee is employed in more than 1 department, the information required to be given by the department to which the request is given is limited to the information about the employee’s employment in that department. (sec.354C-ssec.8) In this section— department includes a public service entity mentioned in the Public Sector Act 2022 , section 9 (b) . - (a) an employee has authorised an employer under section 354B to give information about the employee to an employee organisation; and - (b) the employee organisation gives the employer a written request for the information about the employee. - (a) the information requested to the extent it is held, or able to be accessed, by the employer; or - (b) if some or all of the information requested can not be given because it is not held, or able to be accessed, by the employer or because subsection (3) applies—a notice identifying the information that can not be given and the reason it can not be given. - (a) must be given in writing and be legible; and - (b) may be given electronically. - (a) is held by another department; and - (b) relates to the employee’s employment in the first department.