sec.13Access to employee record

### sec.13 Access to employee record This section applies if a chief executive has possession of an employee record about a prescribed employee. The prescribed employee may, on request— inspect the record; or take an extract from, or copy, the record. Subject to subsections (4) to (7) , the inspection, taking of the extract or copying (the requested action ) must be allowed at a time and place convenient to the chief executive within 21 days after the request. Subsection (5) applies if the record contains personal information of a person (the other person ) other than the employee. The chief executive may refuse the prescribed employee access to all or part of the record— if the chief executive is satisfied the access— would be an unreasonable invasion of the privacy of the other person or someone else; or may cause harm to the other person or someone else; or would be contrary to a law; or would likely be refused if the request for access was an access application made by the employee under the Right to Information Act 2009 ; or in other circumstances stated under a directive. Subsection (7) applies if the chief executive considers the requested action would be likely to prejudice an existing relevant investigation or inquiry. The chief executive must allow the requested action immediately after whichever of the following happens first— the chief executive no longer considers the requested action would be likely to prejudice the relevant investigation or inquiry; the end of the period of 6 months after the employee requests the requested action. In taking the requested action, the employee must not remove anything from the record. s 13 amd 2025 SL No. 75 s 13 sch 2 (sec.13-ssec.1) This section applies if a chief executive has possession of an employee record about a prescribed employee. (sec.13-ssec.2) The prescribed employee may, on request— inspect the record; or take an extract from, or copy, the record. (sec.13-ssec.3) Subject to subsections (4) to (7) , the inspection, taking of the extract or copying (the requested action ) must be allowed at a time and place convenient to the chief executive within 21 days after the request. (sec.13-ssec.4) Subsection (5) applies if the record contains personal information of a person (the other person ) other than the employee. (sec.13-ssec.5) The chief executive may refuse the prescribed employee access to all or part of the record— if the chief executive is satisfied the access— would be an unreasonable invasion of the privacy of the other person or someone else; or may cause harm to the other person or someone else; or would be contrary to a law; or would likely be refused if the request for access was an access application made by the employee under the Right to Information Act 2009 ; or in other circumstances stated under a directive. (sec.13-ssec.6) Subsection (7) applies if the chief executive considers the requested action would be likely to prejudice an existing relevant investigation or inquiry. (sec.13-ssec.7) The chief executive must allow the requested action immediately after whichever of the following happens first— the chief executive no longer considers the requested action would be likely to prejudice the relevant investigation or inquiry; the end of the period of 6 months after the employee requests the requested action. (sec.13-ssec.8) In taking the requested action, the employee must not remove anything from the record. - (a) inspect the record; or - (b) take an extract from, or copy, the record. - (a) if the chief executive is satisfied the access— (i) would be an unreasonable invasion of the privacy of the other person or someone else; or (ii) may cause harm to the other person or someone else; or (iii) would be contrary to a law; or (iv) would likely be refused if the request for access was an access application made by the employee under the Right to Information Act 2009 ; or - (i) would be an unreasonable invasion of the privacy of the other person or someone else; or - (ii) may cause harm to the other person or someone else; or - (iii) would be contrary to a law; or - (iv) would likely be refused if the request for access was an access application made by the employee under the Right to Information Act 2009 ; or - (b) in other circumstances stated under a directive. - (i) would be an unreasonable invasion of the privacy of the other person or someone else; or - (ii) may cause harm to the other person or someone else; or - (iii) would be contrary to a law; or - (iv) would likely be refused if the request for access was an access application made by the employee under the Right to Information Act 2009 ; or - (a) the chief executive no longer considers the requested action would be likely to prejudice the relevant investigation or inquiry; - (b) the end of the period of 6 months after the employee requests the requested action.