PAID PARENTAL LEAVE ACT 2010 - SECT 157 Giving a compliance notice

PAID PARENTAL LEAVE ACT 2010 - SECT 157

Compliance notice given by Secretary

  (1)   This section applies if the Secretary reasonably believes that a person has contravened one or more of the following provisions:

  (a)   subsection   82(2) (which deals with notifying the Secretary if certain events happen);

  (b)   section   103 (which deals with responding to an employer determination);

  (c)   subsection   105(3) (which deals with giving bank account and pay cycle information etc. after a review).

Compliance notice given by Fair Work Ombudsman

  (2)   This section also applies if the Fair Work Ombudsman reasonably believes that a person has contravened one or more of the following provisions:

  (a)   subsection   70(2) (which deals with unauthorised deductions from instalments);

  (b)   subsection   72(1), (2) or (3) (which deals with when an employer pays instalments);

  (c)   section   74 (which deals with the method of payment of instalments payable by an employer);

  (d)   section   80 (which deals with giving a person a record of payment);

  (e)   subsection   81(1) or (2) (which deals with keeping records).

Requirements of a compliance notice

  (3)   The Secretary or the Fair Work Ombudsman may give the person a notice (a compliance notice ) requiring the person to do the following within 14 days of the day on which the notice is given:

  (a)   take the action set out in the notice to rectify the contravention;

  (b)   produce reasonable evidence of the person's compliance with the notice.

  (4)   A person must not fail to comply with a compliance notice.

Note:   This subsection is a civil penalty provision (see section   146).

Contents of a compliance notice

  (5)   A compliance notice must also:

  (a)   set out the name of the person to whom the notice is given; and

  (b)   set out the name of the person who gave the notice; and

  (c)   set out brief details of the alleged contravention; and

  (d)   explain that a failure to comply with the notice may contravene a civil penalty provision; and

  (e)   set out any other matters prescribed by the PPL rules.