Compliance notices
63 Compliance notices
If it appears that a prescribed person has contravened a provision of this Act, a member of the Commission, or a person authorised by the
Commission to exercise the powers conferred by this section, may issue a compliance notice requiring the prescribed person, within a period stated in the notice—
to take specified action to remedy the non‑compliance;
and
to produce reasonable evidence of the prescribed person's compliance with the notice.
A prescribed person who fails to comply with a compliance notice within the time allowed in the notice is guilty of an offence. Maximum penalty: $5 000. Expiation fee: $315.
The following applications may, within 14 days after the issue of a compliance notice under this section, be made to SAET under Part 3 Division 1 of the South Australian Employment
Tribunal Act 2014 for a review of the notice:
a prescribed person may apply to SAET on the ground that the prescribed person has in fact complied with this Act;
an employee may apply to SAET on the ground that the prescribed person's failure to comply with this Act is more extensive than stated in the notice.
SAET may, at the conclusion of the review—
confirm the notice; or
confirm the notice with such modification as it thinks fit;
or
cancel the notice.
In this section—
prescribed person means—
an employer in relation to a training contract; or
a nominated training organisation for an apprentice or trainee;
or
any other person, or class of persons, prescribed by the regulations.
This provision refers to the regulations (prescribed person
, prescribed by the regulations
). Made under this Act:
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