39   Duties of employers with respect to relevant employment proceedings

(1)  It is the duty of an employer to notify the Commission of the name and other identifying particulars of any employee against whom relevant employment proceedings have been completed by the employer, other than proceedings:

(a)  in which a finding is made that the alleged reportable conduct, or the alleged commission of an act of violence, did not occur, or

(b)  in which a finding is made that the allegations in respect of which the proceedings were brought were vexatious or misconceived.

(1A)  For the purposes of this Part, relevant employment proceedings are taken to have been completed when a finding has been made by the employer as to whether the alleged reportable conduct, or the alleged commission of an act of violence, occurred or may have occurred, and a decision has been made by the employer as to what action (if any) is to be taken against the employee in respect of the finding.

(2)  The employer who notifies the Commission of information under subsection (1) must also notify sufficient details of the proceedings concerned to the Commission and each approved screening agency that requests the information:

(a)  for the purposes of background checking by the Commission or that approved screening agency, or

(b)  for the purposes of the Commission exercising its function under section 36 (1) (a) of maintaining a database of completed relevant employment proceedings.

(3)  Notification under this section extends to proceedings completed within the period of 5 years immediately before the commencement of this section.

(4)  Notification under this section is to be in such form as the regulations provide or, subject to the regulations, as the Commission directs and consistent with the guidelines published under this Division.

(5)  It is the duty of an employer to retain records of information that the employer is required to notify under this section. That duty applies despite any requirement for disposal of the record (for example, any regulation applying to records of information of disciplinary proceedings with respect to public sector employees).