Section 495 — Fair Work Act 2009 (Cth)

(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.

Related sections

• s 492A — Route to location of interview and discussions
• s 493 — Residential premises
• s 494 — Official must be permit holder to exercise State or Territory OHS right
• s 496 — Contravening entry permit conditions
• s 497 — Producing entry permit
• s 498 — When right may be exercised

Research how courts apply s 495

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.