sec.9Meaning of employee record

### sec.9 Meaning of employee record Each of the following documents is, to the extent the document contains information about a prescribed employee, an employee record — a report, correspondence item or other document about the employee’s work performance, work conduct or work history; a medical report about the employee; a written allegation of misconduct by the employee. However, none of the following documents is an employee record about the prescribed employee— a medical report about the employee indicating that disclosure of information in the report to the employee might be prejudicial to the employee’s mental or physical health or wellbeing; a document created by an appropriately qualified person for the primary purpose of providing a professional counselling service to another public service employee that contains information about the employee; a document about the employee that— is a public interest disclosure, or a record of a public interest disclosure, made under the Public Interest Disclosure Act 2010 ; or was brought into existence for the administration of that Act; a document about the employee relating to suspected corrupt conduct under the Crime and Corruption Act 2001 or an investigation of the conduct; a document about the employee relating to a suspected criminal offence or an investigation of the offence; a document that is subject to legal professional privilege. In this section— misconduct see section 91 (5) of the Act . (sec.9-ssec.1) Each of the following documents is, to the extent the document contains information about a prescribed employee, an employee record — a report, correspondence item or other document about the employee’s work performance, work conduct or work history; a medical report about the employee; a written allegation of misconduct by the employee. (sec.9-ssec.2) However, none of the following documents is an employee record about the prescribed employee— a medical report about the employee indicating that disclosure of information in the report to the employee might be prejudicial to the employee’s mental or physical health or wellbeing; a document created by an appropriately qualified person for the primary purpose of providing a professional counselling service to another public service employee that contains information about the employee; a document about the employee that— is a public interest disclosure, or a record of a public interest disclosure, made under the Public Interest Disclosure Act 2010 ; or was brought into existence for the administration of that Act; a document about the employee relating to suspected corrupt conduct under the Crime and Corruption Act 2001 or an investigation of the conduct; a document about the employee relating to a suspected criminal offence or an investigation of the offence; a document that is subject to legal professional privilege. (sec.9-ssec.3) In this section— misconduct see section 91 (5) of the Act . - (a) a report, correspondence item or other document about the employee’s work performance, work conduct or work history; - (b) a medical report about the employee; - (c) a written allegation of misconduct by the employee. - (a) a medical report about the employee indicating that disclosure of information in the report to the employee might be prejudicial to the employee’s mental or physical health or wellbeing; - (b) a document created by an appropriately qualified person for the primary purpose of providing a professional counselling service to another public service employee that contains information about the employee; - (c) a document about the employee that— (i) is a public interest disclosure, or a record of a public interest disclosure, made under the Public Interest Disclosure Act 2010 ; or (ii) was brought into existence for the administration of that Act; - (i) is a public interest disclosure, or a record of a public interest disclosure, made under the Public Interest Disclosure Act 2010 ; or - (ii) was brought into existence for the administration of that Act; - (d) a document about the employee relating to suspected corrupt conduct under the Crime and Corruption Act 2001 or an investigation of the conduct; - (e) a document about the employee relating to a suspected criminal offence or an investigation of the offence; - (f) a document that is subject to legal professional privilege. - (i) is a public interest disclosure, or a record of a public interest disclosure, made under the Public Interest Disclosure Act 2010 ; or - (ii) was brought into existence for the administration of that Act;