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Public Sector Regulation 2023
sec.10When an employee record is in an entity’s possession
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### sec.10 When an employee record is in an entity’s possession
An employee record is in an entity’s possession if—
the entity has the record in its possession, under its control, or is otherwise entitled to have access to the record; or
the record is in the possession, or under the control, of an employee of the entity in the employee’s official capacity.
For subsection (1) —
if the entity is the Minister, a person is an employee of the Minister if the person is an employee of the department administered by the Minister; or
if the entity is the chief executive of a prescribed entity, a person is an employee of the chief executive if the person is an employee of the prescribed entity.
(sec.10-ssec.1) An employee record is in an entity’s possession if— the entity has the record in its possession, under its control, or is otherwise entitled to have access to the record; or the record is in the possession, or under the control, of an employee of the entity in the employee’s official capacity.
(sec.10-ssec.2) For subsection (1) — if the entity is the Minister, a person is an employee of the Minister if the person is an employee of the department administered by the Minister; or if the entity is the chief executive of a prescribed entity, a person is an employee of the chief executive if the person is an employee of the prescribed entity.
- (a) the entity has the record in its possession, under its control, or is otherwise entitled to have access to the record; or
- (b) the record is in the possession, or under the control, of an employee of the entity in the employee’s official capacity.
- (a) if the entity is the Minister, a person is an employee of the Minister if the person is an employee of the department administered by the Minister; or
- (b) if the entity is the chief executive of a prescribed entity, a person is an employee of the chief executive if the person is an employee of the prescribed entity.