New South Wales Consolidated Acts

COMMISSION FOR CHILDREN AND YOUNG PEOPLE ACT 1998 - SECT 15B

15B Power to compel production of information for monitoring or auditing purposes

(1) For the purposes of exercising its monitoring or auditing functions under Part 7, the Commission may, by notice in writing, require an officer of a government agency or an employer or employer-related body to do any one or more of the following:

(a) to provide to the Commission, on or before a day specified in the notice, a statement setting out such information as is so specified relating to the matters being monitored or audited,

(b) to provide to the Commission, on or before a day specified in the notice, such documents as are so specified relating to the matters being monitored or audited.

(2) A person who:

(a) fails, without reasonable excuse, to comply with a requirement of a notice under this section, or

(b) provides the Commission with information that the person knows is false or misleading in a material particular,

is guilty of an offence.

Maximum penalty: 50 penalty units.

(3) A notice may specify the manner in which a statement or documents may be given to the Commission.

(4) If documents are given to the Commission under this section, the Commission:

(a) may take possession of, and make copies of or take extracts from, the documents, and

(b) may keep possession of the documents for such period as is necessary for the purposes of exercising its monitoring or auditing functions, and

(c) during that period must permit them to be inspected at all reasonable times by the persons who would be entitled to inspect them if they were not in the possession of the Commission.

(5) In any proceedings for an offence against this section, the onus of proving that a person had a reasonable excuse lies with the defendant.

(6) Words and expressions used in this section have the same meanings as they have in Part 7.