Fair Work Act 2009

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

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

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

This subsection is a civil remedy provision (see Part 4‑1).

A person is an affected employer:

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

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.