Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 495

Giving notice of entry

             (1)  A permit holder must not exercise a State or Territory OHS right to inspect or otherwise access an employee record of an employee, unless:

                     (a)  he or she has given the occupier of the premises, and any affected employer, a written notice setting out his or her intention to exercise the right, and reasons for doing so; and

                     (b)  the notice is given at least 24 hours before exercising the right.

Note:          This subsection is a civil remedy provision (see Part 4-1).

Meaning of affected employer

             (2)  A person is an affected employer :

                     (a)  in relation to an entry onto premises in accordance with this Division--if one or more of the person's employees perform work on the premises; and

                     (b)  in relation to a right to inspect or otherwise access an employee record in accordance with this Division--if the person employs the employee to whom the record relates.



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