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Work Health and Safety (National Uniform Legislation) 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 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.
(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
(4) The notice must comply with the Regulations.
(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 for section 120
The use or disclosure of personal information obtained under this section is
regulated under the Privacy Act 1988 (Cth).