Section 157 — Paid Parental Leave Act 2010: Giving a compliance notice

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.