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AUSTRALIA |
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RETENTION PERIOD |
BEGINNING OF RETENTION PERIOD |
LEGAL REFERENCE |
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EMPLOYMENT RECORDS |
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Contracts (new hire agreements, severance, etc.) |
Recommend 7 years |
From creation |
N/A - best practice |
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Time records (work hours, rest periods, vacation/sick/holiday, etc.) |
Minimum 7 years |
From creation |
Fair Work Regulations 2009 - Chapter 3, Pt 3.6 - Division 3 |
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Performance records (performance reviews, promotions/demotions, licenses/certifications, investigations, disciplinary actions, etc.) |
Recommend 7 years |
From creation |
N/A - best practice |
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Data and personnel files |
Recommend 7 years |
From creation |
N/A - best practice |
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Government verification records (work papers, immigration, eligibility to work, etc.) |
Recommend 7 years |
From creation |
N/A - best practice |
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Specified records relating to Subclass 457 or TSS visa holders to demonstrate compliance with sponsorship obligations (written employment contract, required notifications to the Department of Human Services, etc.) |
Minimum 5 years |
From creation |
Migration Regulations 2004 |
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Collective bargaining/union |
Recommend 7 years or duration of agreement if longer |
From date agreement takes effect |
N/A - best practice |
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Background checks and drug tests |
Recommend 7 years |
From receipt of checks / tests |
N/A - best practice |
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Acknowledgements, policy agreements and required notices |
Recommend 7 years |
From creation |
N/A - best practice |
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Recruitment (interview notes, resumes/CVs, reference checks, etc.) |
Recommend 7 years |
From creation |
N/A - best practice |
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Tracking/recordings (biometric, geo-location, online tracking, camera recordings, etc.) |
Recommend 7 years |
From creation |
N/A - best practice |
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General records (e.g., employee's name, employer's name and ABN, commencement date and basis of employment (full-time, part-time, etc.); individual flexibility records; guarantee of annual earnings records; termination records; and transfer of business records |
Minimum 7 years |
From creation |
Fair Work Regulations 2009 - Chapter 3, Pt 3.6 - Division 3 |
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BENEFIT/PENSION/EQUITY RECORDS |
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Benefits (plan documents, enrollment records) |
Recommend 7 years |
From and during participation |
N/A - best practice |
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Pension and retirement records |
Minimum 7 years |
From creation |
Fair Work Regulations 2009 - Chapter 3, Pt 3.6 - Division 3 |
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Equity records |
Recommend 7 years |
From date of award |
N/A - best practice |
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PAYROLL/WAGE/TAX RECORDS |
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Payroll and wage data (payslips, etc.) |
Minimum 7 years |
From creation |
Fair Work Regulations 2009 - Chapter 3, Pt 3.6 - Division 3 |
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Tax records |
Minimum 5 years |
From the later of when the records were prepared or obtained, and the completion of the transactions or acts to which they relate |
Taxation Administration Act 1953; Income Tax Assessment Act 1997; Income Tax Assessment Act 1936; relevant State-based payroll tax legislation; Superannuation Guarantee (Administration) Act 1992; Fringe Benefits Tax Assessment Act 1986 |
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Records of all wages paid to workers employed by the employer; the trade, occupation or calling of each worker, and other matters relating to those wages relevant to the calculation of workers' compensation insurance premiums under policies of insurance |
Minimum 5 years |
From the last entry made in the record |
Workers Compensation Act 1987 (NSW) - and equivalent legislation in other States |
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MEDICAL/SAFETY/LEAVE RECORDS |
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Leave (family, medical, etc.) |
Minimum 7 years |
From creation |
Fair Work Regulations 2009 - Chapter 3, Pt 3.6 - Division 3 |
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Injury and illness incident reports |
Minimum 5 years |
From the day that notice of the incident is given to the regulator |
Secton 38(7) Work Health and Safety Act 2011 (Cth) - and equivalent in State legislation |
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Medical records |
Recommend 7 years |
From creation / receipt |
N/A - best practice |
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Hazardous material and other exposure records |
Minimum 30 years (for air-borne contaminant levels arising from use of hazardous chemicals and similar (including lead)) and up to 40 years for asbestos |
From the date the record is made |
Work, Health and Safety Regulations 2011 - and equivalent in State regulations |
Led by PeopleDoc’s Chief Legal & Compliance Officer, the HR Compliance Assist team relies on a network of internal and external compliance experts and lawyers, including the global law firm Morgan Lewis, to provide clients with best practices and recommendations on topics such as HR document retention, employee data privacy, and HR electronic records. HR Compliance Assist also provides local compliance monitoring and alert services in select countries where PeopleDoc’s customers have employees. HR Compliance Assist is a service exclusively available to PeopleDoc customers.
