Document ID: chunk:federal_register_of_legislation:F2024C01158:reg:7:p8
Version: federal_register_of_legislation:F2024C01158
Segment Type: reg
Provision Reference: reg 7 (pt 8/17)
Character Range: 158290–160954

of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.
 (6) The new employer who receives transferred employee records must keep the records, as if they had been made by the new employer at the time at which they were made by the old employer.
Note: Subregulation (6) is a civil remedy provision to which Part 4‑1 of the Act applies. Division 4 of Part 4‑1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.
 (7) The new employer is not required to make employee records relating to the transferring employee's employment with the old employer.

3.42  Records—inspection and copying of a record
 (1) For subsection 535(3) of the Act, an employer must make a copy of an employee record available for inspection and copying on request by the employee or former employee to whom the record relates.
Note: Subregulation (1) is a civil remedy provision to which Part 4‑1 of the Act applies. Division 4 of Part 4‑1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.
 (2) The employer must make the copy available in a legible form to the employee or former employee for inspection and copying.
Note: Subregulation (2) is a civil remedy provision to which Part 4‑1 of the Act applies. Division 4 of Part 4‑1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.
 (3) If the employee record is kept at the premises at which the employee works or the former employee worked, the employer must:
 (a) make the copy available at the premises within 3 business days after receiving the request; or
 (b) post a copy of the employee record to the employee or former employee within 14 days after receiving the request.
Note: Subregulation (3) is a civil remedy provision to which Part 4‑1 of the Act applies. Division 4 of Part 4‑1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.
 (4) If the employee record is not kept at the premises at which the employee works or the former employee worked, the employer must, as soon as practicable after receiving the request.
 (a) make the copy available at the premises; or
 (b) post a copy of the employee record to the employee or former employee.
Note 1: Subregulation (4) is a civil remedy provision to which Part 4‑1 of the Act applies. Division 4 of Part 4‑1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.
Note 2: Under the Act, an inspector is also permitted to inspect and copy an employee record for