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Work Health and Safety Act 2011
120Entry to inspect employee records or information held by
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120 Entry to inspect employee records or information held by
another person
(1) This section applies if a WHS entry permit-holder is entitled under
section 117 (Entry to inquire into suspected contraventions) to enter
a workplace to inquire into a suspected contravention of this Act.
(2) For the purposes of the inquiry into the suspected contravention, the
WHS entry permit-holder may enter any workplace for the purpose
of inspecting, or making copies of—
(a) employee records that are directly relevant to a suspected
contravention; or
(b) other documents that are directly relevant to a suspected
contravention and that are not held by the relevant person
conducting a business or undertaking.
Entry to consult and advise workers Division 7.3
(3) Before doing so, the WHS entry permit-holder must give notice of the
proposed entry to the person from whom the documents are requested
and the relevant person conducting a business or undertaking.
(4) The notice must comply with the regulation.
(5) The notice must be given during usual working hours at that
workplace at least 24 hours, but not more than 14 days, before the
entry.
Note The use or disclosure of personal information obtained under this section
is regulated under the Privacy Act 1988 (Cwlth).
Division 7.3 Entry to consult and advise workers