Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_209:p2
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 209 (pt 2/2)
Character Range: 700472–702285

a notice to an employer under subsection (5) requiring the employer to produce, or allow access to, records at the premises, then the permit holder is entitled to enter the premises during working hours for the purpose of inspecting and copying the records in accordance with the notice.

Note: The Privacy Act 1998 has rules about the disclosure of personal information.

Application to Commission for access to non‑member records

 (9) The permit holder may, for the purposes of investigating the suspected breach, apply to the Commission for either or both of the following orders:
 (a) an order to allow the permit holder to enter the premises and to inspect and make copies of non‑member records that are relevant to the suspected breach;
 (b) an order to require an affected employer to produce, or allow access to, such records for inspection and copying.

 (10) The Commission may make such an order if it is satisfied that the order is necessary to investigate the suspected breach. Before doing so, the Commission must have regard to the conditions (if any) that apply to the permit holder's permit.

 (11) An application for an order under subsection (9):
 (a) must be in accordance with the regulations; and
 (b) must set out the grounds on which the application is made.

Definitions

 (12) In this section:

non‑member record means a record that:
 (a) relates to the employment of a person who is not a member of the permit holder's organisation; and
 (b) does not also relate to the employment of a person who is a member of the permit holder's organisation.

record relevant to the suspected breach means a record:
 (a) that is relevant to the suspected breach; and
 (b) that is of the following kind:
 (i) a time sheet;
 (ii) a pay sheet;
 (iii) any other record or document, other than an AWA.