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Service and receipt of notices (section 80 of Act)

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Part 7Miscellaneous

32 Service and receipt of notices (section 80 of Act)

(1)

Every public sector agency must keep a record of the residential address of each of its employees and, for that purpose and for the purposes of section 80 of the Act, an employee must give the public sector agency notice of their current residential address in writing or in some other form approved by the agency—

(a)

when so required by the agency; and

(b)

when there is any change in the employee's residential address.

(2)

In any proceedings, the date of receipt by an employee of a notice or document required or authorised to be given to or served on the employee may be proved by a certificate in writing certifying—

(a)

that the copy of the notice or document on which the certificate is endorsed is a true copy of the notice or document in question;

and

(b)

that the person making the certificate served the notice or document on the employee personally on the date specified in the certificate, or sent the notice or document on the date specified in the certificate by post addressed to the employee at the employee's residential address as last notified under subregulation (1).

(3)

Except where the Act or these regulations provide that a notice must be given in writing or in some other form approved by a public sector agency, a notice may be given directly to an employee by word of mouth or by telephone, fax or email.

(4)

A notice or document will be taken to have been given or delivered to a public sector agency if the notice or document is given or delivered to the employee for the time being occupying a position or performing duties nominated by the agency for the purpose of the receipt of such notices or documents.

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