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Public Sector Regulation 2023
sec.12Employee record in possession of another chief executive
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### sec.12 Employee record in possession of another chief executive
This section applies if an employee record about a prescribed employee is in the possession of a chief executive of a prescribed entity (the other chief executive ) who is not the employee’s chief executive.
The other chief executive must give the employee record to the prescribed employee’s chief executive as soon as practicable.
However, if the prescribed employee has been seconded to another prescribed entity for a total period of less than 6 months, subsection (2) only applies if the other chief executive and the employee’s chief executive agree in writing that the other chief executive give the record to the employee’s chief executive.
The other chief executive may also need to comply with a directive about giving the prescribed employee’s personal and employment details to the employee’s chief executive.
Also, subsection (2) does not apply to a referee’s report or other document received for a selection process to fill an employment vacancy in the prescribed entity.
(sec.12-ssec.1) This section applies if an employee record about a prescribed employee is in the possession of a chief executive of a prescribed entity (the other chief executive ) who is not the employee’s chief executive.
(sec.12-ssec.2) The other chief executive must give the employee record to the prescribed employee’s chief executive as soon as practicable.
(sec.12-ssec.3) However, if the prescribed employee has been seconded to another prescribed entity for a total period of less than 6 months, subsection (2) only applies if the other chief executive and the employee’s chief executive agree in writing that the other chief executive give the record to the employee’s chief executive. The other chief executive may also need to comply with a directive about giving the prescribed employee’s personal and employment details to the employee’s chief executive.
(sec.12-ssec.4) Also, subsection (2) does not apply to a referee’s report or other document received for a selection process to fill an employment vacancy in the prescribed entity.