Infringement notices
What is an infringement notice?
Procedure for issuing infringement notices
Section offences for issue of infringement notices
The issuing of infringement notices and prosecution action assists in the prevention of committing industrial relations offences.
What is an infringement notice?
One of the actions available to inspectors to encourage compliance with the Act is through the issuing of an infringement notice. Infringement notice (sometimes called an "on-the-spot fine") may be issued for certain offences against the Industrial Relations Act 1999 (PDF, 1.9 MB) and prescribes a penalty to be paid by an alleged offender in respect of these offences.
When an inspector issues an infringement notice, it has an immediate punitive effect. Infringement notices are appropriate for use when the impact of the offence on employees is high, or the offence adversely affects the inspector’s ability to recover wages to which an employee may be entitled.
More serious offences involving wilful or repetitive behaviour, involving large sums of money or committed over a prolonged period of employment may also warrant the issuing of an infringement notice.
A person issued with an infringement notice may elect to have the matter heard in the Industrial Magistrates Court.
Procedure for issuing infringement notices
When an inspector identifies a breach in relation to an industrial relations offence, it is at the inspector's discretion as to the course of action to be taken in regard to the type of complaint.
The inspector has the option of either -
- issuing a warning (verbal or written) to rectify the situation or
- issuing an infringement notice for the offence
In most instances it may be appropriate to issue a warning to the employer prior to the issuing of the infringement notice. This gives the employer an opportunity to remedy any non-compliance.
When a warning is to be issued, an inspector will interview the employer, record the details of their conversation in their notebook, and advise the employer that a follow up inspection will be conducted in " x" weeks time to ensure that the non-compliance has been rectified.
A warning would not be appropriate, where the employer's actions are considered wilful or repetitive, or has jeopardized an inspector or employee's ability to recover entitlements to which they may be due. An employer's history of compliance with industrial relations laws may also be relevant in determining if a warning is appropriate.
An infringement notice may be issued to an employer at the time of inspection ("on the spot" ), or may be issued at a later date after consideration of the evidence of any alleged offence. A separate infringement notice must be issued for each different offence.
Section offences for issue of infringement notices
Inspectors appointed under the Act are authorised to issue infringement notices to alleged offenders. An infringement notice (sometimes called an on-the spot fine) may be issued for certain offences against sections s138(4), s358(1), s366(1),(2),(4) and (5), s367(1), (2), (3) and (4), s370(1) and (3), s406(1), s666(1), s697(2) and s700(1) of the Industrial Relations Act 1999.
View the schedule of offences and penalties that relate to infringement notices.
Last updated July 21, 2009
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