sec.11Dealing with employee record if detrimental to employee’s interests

### sec.11 Dealing with employee record if detrimental to employee’s interests This section applies if a prescribed employee’s chief executive intends to take either of the following actions (each a detrimental action )— use an employee record about the employee in a way that could be considered to be detrimental to the employee’s interests; include in a record about the employee’s employment history an employee record about the employee that could be considered to be detrimental to the employee’s interests. The chief executive must ensure that, at least 14 days before taking the detrimental action— the prescribed employee is given the opportunity to read the employee record and to acknowledge having read it by initialling it; and the prescribed employee is given a copy of the record; and if the prescribed employee refuses to read the record or to acknowledge having read it by initialling it—the refusal is noted on the record; and the prescribed employee is given a reasonable opportunity to respond in writing to the record’s contents; and any written response by the prescribed employee is attached to the record. However, the chief executive may accept a response mentioned in subsection (2) (d) made at any other time. Also, if the chief executive considers that giving the prescribed employee access to the employee record under subsection (2) would be likely to prejudice an existing relevant investigation or inquiry, the chief executive must comply with subsection (2) immediately after whichever of the following happens first— the chief executive no longer considers that giving the employee access to the record would be likely to prejudice the relevant investigation or inquiry; the end of the period of 6 months after the detrimental action is taken. (sec.11-ssec.1) This section applies if a prescribed employee’s chief executive intends to take either of the following actions (each a detrimental action )— use an employee record about the employee in a way that could be considered to be detrimental to the employee’s interests; include in a record about the employee’s employment history an employee record about the employee that could be considered to be detrimental to the employee’s interests. (sec.11-ssec.2) The chief executive must ensure that, at least 14 days before taking the detrimental action— the prescribed employee is given the opportunity to read the employee record and to acknowledge having read it by initialling it; and the prescribed employee is given a copy of the record; and if the prescribed employee refuses to read the record or to acknowledge having read it by initialling it—the refusal is noted on the record; and the prescribed employee is given a reasonable opportunity to respond in writing to the record’s contents; and any written response by the prescribed employee is attached to the record. (sec.11-ssec.3) However, the chief executive may accept a response mentioned in subsection (2) (d) made at any other time. (sec.11-ssec.4) Also, if the chief executive considers that giving the prescribed employee access to the employee record under subsection (2) would be likely to prejudice an existing relevant investigation or inquiry, the chief executive must comply with subsection (2) immediately after whichever of the following happens first— the chief executive no longer considers that giving the employee access to the record would be likely to prejudice the relevant investigation or inquiry; the end of the period of 6 months after the detrimental action is taken. - (a) use an employee record about the employee in a way that could be considered to be detrimental to the employee’s interests; - (b) include in a record about the employee’s employment history an employee record about the employee that could be considered to be detrimental to the employee’s interests. - (a) the prescribed employee is given the opportunity to read the employee record and to acknowledge having read it by initialling it; and - (b) the prescribed employee is given a copy of the record; and - (c) if the prescribed employee refuses to read the record or to acknowledge having read it by initialling it—the refusal is noted on the record; and - (d) the prescribed employee is given a reasonable opportunity to respond in writing to the record’s contents; and - (e) any written response by the prescribed employee is attached to the record. - (a) the chief executive no longer considers that giving the employee access to the record would be likely to prejudice the relevant investigation or inquiry; - (b) the end of the period of 6 months after the detrimental action is taken.