Enforcement notices
36 Enforcement notices
The Children’s Guardian may, by notice in writing served on a reporting body or an officer of a reporting body, require the reporting body to comply with obligations of the reporting body under section 35 within the period specified in the notice.
The Children’s Guardian may serve a notice under this section if it is of the opinion that the reporting body has failed to comply with any provision of section 35.
The notice must set out the reasons for the notice being given.
The period specified in a notice is to be not less than 28 days.
The Children’s Guardian may revoke a notice at any time.
A person who fails, without reasonable excuse, to comply with a notice in force under this section is guilty of an offence.
Maximum penalty—100 penalty units, in the case of a corporation, or 50 penalty units in any other case.
In any proceedings for an offence against this section, the onus of proving that a person had a reasonable excuse lies with the defendant.
Nothing in this section prevents the Children’s Guardian from contacting reporting bodies for the purpose of informing them of their obligations under this Act or requesting any information that reporting bodies are required to provide to the Children’s Guardian under this Act.
This Act’s bill:Explanatory memorandumSecond reading speech
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