Commonwealth Consolidated Acts

WORKPLACE GENDER EQUALITY ACT 2012 - SECT 19D

  (1)   This section applies if a relevant employer, without reasonable excuse, fails to comply with this Act.

Note:   Examples of a failure to comply with this Act are:

(a)   a relevant employer fails to lodge a public report on time (see sections   13A, 13B and 17); and

(b)   a relevant employer fails to inform employees, shareholders or members of the employer that a public report has been lodged (see section   16); and

(c)   a relevant employer fails to inform employees and relevant employee organisations as required by sections   16A and 16B; and

(d)   a relevant employer fails to give the Agency information under section   19A.

Naming employer in Agency report

  (2)   The Agency may name the employer as having failed to comply with this Act, and set out details of the non - compliance, in a report under:

  (a)   subsection   12(2); or

  (b)   section   46 of the Public Governance, Performance and Accountability Act 2013 .

Naming employer in other ways

  (3)   The Agency may, by electronic or other means, name the employer as having failed to comply with this Act and set out details of the non - compliance.

Note:   For example, the Agency may do this on the Agency's website or in a newspaper.

Prior notice to employer

  (4)   If the Agency proposes to:

  (a)   name an employer in a report under:

  (i)   subsection   12(2); or

  (ii)   section   46 of the Public Governance, Performance and Accountability Act 2013 ; or

  (b)   name an employer under subsection   (3) of this section;

the Agency must:

  (c)   give the employer notice in writing of the proposal and the reasons for the proposal; and

  (d)   invite the employer to make written representations to the Agency about the proposal within the period of 28 days beginning on the day the notice is given; and

  (e)   have regard to any written representations made by the employer within that period.

  (5)   If:

  (a)   a relevant employer lodges a public report under section   13A in respect of a reporting period; and

  (b)   the report is lodged within the time allowed by section   13B or 17;

then, during the period of 28 days beginning on the day the report is lodged, the Agency must not give the employer a notice under subsection   (4) of this section in relation to the lodgement of that report.