68Certain documents to be supplied on request

68 Certain documents to be supplied on request

(1) Subject to section 69, an employer must not fail to comply with a written request by a claimant for the employer to give the claimant any documents held by the employer that relate to the claimant’s claim.

Penalty: 50 penalty units.

(1A) Subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(1B) Subsection (1) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1B) (see subsection 13.3(3) of the Criminal Code).

(2) This section also applies to the determination of a request under section 40, and for that purpose: (a) a reference to a claim is to be read as a reference to the request under that section; and (b) a reference to the claimant is to be read as a reference to the person who made the request.