Commonwealth Numbered Regulations

1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 9

9. (1) Where an inspector, when exercising his or her powers or performing his
or her functions under the Act or under these Regulations:

   (a)  is requested by an employer or employee to advise that employer or
        employee, as the case may be, of his or her rights and obligations
        under any award or under the Act or any regulations made under the
        Act; or

   (b)  considers it necessary or desirable to give any such advice to an
        employer or employee; the inspector shall give that advice and shall
        explain the manner in which any such awards or requirements, as the
        case may be, are to be observed.

(2) Where a person has failed to observe an award or any requirement of the
Act or of a regulation made under the Act, an inspector may, by notice in
writing:

   (a)  inform the person of that failure;

   (b)  require the person to take such action specified in the notice, within
        the period specified in the notice, as is necessary to rectify that
        failure;

   (c)  require the person to notify the inspector in accordance with the
        notice of any action taken to comply with the notice; and

   (d)  advise the person of the consequences of failure to comply with the
        notice.

(3) An inspector may, subject to any directions given by the Minister under
subsection 84 (5) of the Act:

   (a)  institute, or give evidence in, any proceedings; or

   (b)  conduct, or assist in the conduct of, any prosecution; in respect of a
        breach of a term of an award or a contravention of the Act or any
        regulation made under the Act.

(4) Subregulation (3) does not apply in relation to any matter in respect of
which provision is made by subsection 178 (5) of the Act.