New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 385

385 Inspectors' powers--employer breaches

(1) An inspector may exercise powers under this section only for the purpose of investigating possible contraventions of the industrial relations legislation or of any industrial instrument, whether on complaint or by way of routine investigation.

(2) An inspector may, at any reasonable time--

(a) inspect any premises that the inspector has reasonable grounds to suspect are the premises of an employer, and inspect any work being done there, and

(b) require an employer to produce for the inspector's examination, at such time and place as the inspector may specify, any specified records required to be kept under the industrial relations legislation or an industrial instrument with respect to the employees of the employer (and retain any such record for such period as may be necessary in order to take copies of or extracts from it), and

(c) require an employer to deliver to the inspector, within such time and to such place as the inspector may specify, any specified information concerning the conditions of employment of the employees of the employer, and

(d) question any employee or employer as to any matter concerning the conditions of employment of the employee.

(3) A requirement of an inspector under this section may be made personally or by notice in writing served--

(a) personally or by post, or

(b) by email to an email address specified by the person for the service of notices of that kind, or

(c) by any other method authorised by the regulations for the service of notices of that kind.

(4) An inspector who enters premises under this section may seize anything that the inspector reasonably considers to be evidence of a contravention of the industrial relations legislation or an industrial instrument.