Enforcement of order to act
172 Enforcement of order to act
An application for an order under this section can be made by a person who was the applicant in a proceeding under this Act in which an order to act was made.
If the Tribunal is satisfied that an order to act has not been complied with, or has been complied with in part only, by the person to whom it was given, the Tribunal may —
vary, revoke or substitute the order to act; and
make an order that the person to whom the order to act was given pay to the applicant a specified amount by way of compensation for the failure to act or to refrain from acting.
Subsection (2) applies whether or not the person to whom the order to act was given has been convicted of an offence under the State Administrative Tribunal Act 2004 section 95 before the revocation of the order.
The variation, revocation or substitution of an order does not affect —
anything done under the order before the revocation; or
a penalty that has been or may be imposed under the State Administrative Tribunal Act 2004 section 95 for the failure to comply with the order.
This Act’s bill:Explanatory memorandumSecond reading speech
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