7.2.2 Compliance Notices

Introduction

Both Centrelink and the FWO may issue compliance notices (1.1.C.140) if they reasonably believe that an employer has contravened one or more specific provisions.

Centrelink may issue a compliance notice in relation to a contravention of:

  • subsection 82(2) (notifying Centrelink if certain events happen),
  • section 103 (responding to an employer determination), and
  • subsection 105(3) (giving bank account and pay cycle information etc after a review).

The FWO may issue a compliance notice in relation to a contravention of:

  • subsection 70(2) (unauthorised deductions from instalments),
  • subsection 72(1), (2) or (3) (when an employer pays instalments),
  • section 74 (method of payment of instalments payable by an employer),
  • section 80 (giving a person a record of payment), and
  • subsection 81(1) or (2) (keeping records).

Note: If the FWO gives a compliance notice to an employer, the FWO must notify Centrelink in writing of the outcome of the notice as soon as practicable.

Requirements of compliance notices

Compliance notices must require the employer to take the action specified in the notice to rectify the contravention and produce reasonable evidence of compliance with the notice, within 14 days of the day on which the notice is given.

A compliance notice must also:

  • set out the name of the person to whom the notice is given,
  • set out the name of the person who gave the notice,
  • set out brief details of the alleged contravention,
  • explain that a failure to comply with the notice may contravene a civil penalty provision, and
  • set out any other matters prescribed by the PPL Rules.

An employer must not fail to comply with a compliance notice. This is a civil penalty provision in the PPLAct.

If an employer does not comply with a compliance notice Centrelink or the FWO could give an infringement notice or apply for a civil penalty order.

Act reference: PPLAct section 157 Giving a compliance notice, section 158 Fair Work Ombudsman to notify of outcome of compliance notice

Last reviewed: 6 February 2017