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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 31 May 2022 - onwards

85C. Redress through Workplace Relations Commission.

(1) An employee (in this section referred to as the 'complainant') who claims that his or her current employer (in this section referred to as the 'respondent') has failed to comply with regulations made under section 20A (such claim in this section being referred to as the 'complaint') may refer the complaint to the Director General of the Workplace Relations Commission.

(2)

 

(a) Subject to paragraphs (b) and (d), the Director General shall investigate the complaint if he or she is satisfied that there is a prima facie case to warrant the investigation.

(b)

(i) The Director General may, by notice in writing given to the complainant or respondent, or both, require the complainant or respondent, or both, to give to the Director General, within the period specified in the notice (being a period reasonable in the circumstances), such further information that the Director General may reasonably require in order to assist the Director General to decide whether or not there is a prima facie case referred to in paragraph (a).

(ii) The complainant or respondent given a notice under subparagraph (i) shall comply with the notice.

(c) The Director General may, as part of an investigation (if any) of the complaint and if he or she considers it appropriate to do so, hear persons appearing to the Director General to be interested and desiring to be so heard.