Victorian Consolidated Legislation

Outworkers (Improved Protection) Act 2003 - SECT 41

Investigating suspected contraventions of Act

41. Investigating suspected contraventions of Act



(1) This section applies if a person who holds a permit suspects that a
contravention of this Act has occurred, or is occurring.

(2) For the purpose of investigating the suspected contravention, the person
may enter, during working hours, any premises-

   (a)  occupied by an employer or contractor who is bound by a federal award
        that relates to outwork or to whom a federal award that relates to
        outwork applies; or

   (b)  where outworkers work who are, or are eligible to become, members of
        the Union.

(3) After entering the premises, the person may, for the purpose of
investigating the suspected contravention-

   (a)  require the employer or contractor to allow the person, during working
        hours, to inspect and, if the person wishes, to make copies of any of
        the following that are kept by the employer or contractor on the
        premises and are relevant to the suspected contravention-

   (i)  any time sheets; or

   (ii) any pay sheets; or

   (iii) any other documents; and



   (b)  during working hours, inspect or view any work, material, machinery,
        or appliance, that is relevant to the suspected contravention; and



   (c)  during working hours, interview any employees or outworkers who are-

   (i)  members of the Union; or

   (ii) eligible to become members of the Union- about the suspected
        contravention.

(4) For the purpose of investigating the suspected contravention, the person
may (regardless of whether the person exercises powers under subsection (2) or
(3)) require an employer or contractor mentioned in subsection (2)-

   (a)  to produce documents of the kind mentioned in any of subparagraphs
        (i), (ii) or (iii) of subsection (3)(a) at the premises of the
        employer or contractor or at some other agreed place; and

   (b)  if the documents are to be produced at the premises of the employer or
        contractor-to allow the person, during working hours, to enter the
        premises and-

   (i)  inspect the documents; and

   (ii) if the person wishes to do so-make copies of the documents; and

   (c)  if the documents are to be produced at some other place-to allow the
        person, at an agreed time, to inspect the documents at that place and,
        if the person wishes to do so, to make copies of them.