Paid Parental Leave Act 2010

This section applies if the Secretary reasonably believes that a person has contravened one or more of the following provisions:

subsection 82(2) (which deals with notifying the Secretary if certain events happen);

section 103 (which deals with responding to an employer determination);

subsection 105(3) (which deals with giving bank account and pay cycle information etc. after a review).

This section also applies if the Fair Work Ombudsman reasonably believes that a person has contravened one or more of the following provisions:

subsection 70(2) (which deals with unauthorised deductions from instalments);

subsection 72(1), (2) or (3) (which deals with when an employer pays instalments);

section 74 (which deals with the method of payment of instalments payable by an employer);

section 80 (which deals with giving a person a record of payment);

subsection 81(1) or (2) (which deals with keeping records).

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:

take the action set out in the notice to rectify the contravention;

produce reasonable evidence of the person’s compliance with the notice.

A person must not fail to comply with a compliance notice.

This subsection is a civil penalty provision (see section 146).

A compliance notice must also:

set out the name of the person to whom the notice is given; and

set out the name of the person who gave the notice; and

set out brief details of the alleged contravention; and

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.