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Industrial Relations Act 2016
sec.540Power to obtain data and expert evidence
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### sec.540 Power to obtain data and expert evidence
If the commission wants expert evidence based on facts or figures to decide an industrial cause, it may—
order the following persons to give it returns of the facts or figures—
an organisation that is, or any of whose members are, a party to the proceedings;
an employer who is, or a group of employers who are, a party to the proceedings; and
allow a person selected by it as an expert to prepare, from the returns, reports directed to matters that the commission seeks to be informed on.
A person giving returns or preparing reports under subsection (1) must include in the return or report—
all particulars relevant to the cause; and
the particulars the commission asks for.
However, the person must not, without the commission’s leave, otherwise divulge to another person—
the name of the organisation that gave the return; or
business information of a private or confidential nature extracted from the return.
Maximum penalty—20 penalty units.
A schedule, as far as possible, must extend beyond 1 year’s operation of a business or industry.
(sec.540-ssec.1) If the commission wants expert evidence based on facts or figures to decide an industrial cause, it may— order the following persons to give it returns of the facts or figures— an organisation that is, or any of whose members are, a party to the proceedings; an employer who is, or a group of employers who are, a party to the proceedings; and allow a person selected by it as an expert to prepare, from the returns, reports directed to matters that the commission seeks to be informed on.
(sec.540-ssec.2) A person giving returns or preparing reports under subsection (1) must include in the return or report— all particulars relevant to the cause; and the particulars the commission asks for.
(sec.540-ssec.3) However, the person must not, without the commission’s leave, otherwise divulge to another person— the name of the organisation that gave the return; or business information of a private or confidential nature extracted from the return. Maximum penalty—20 penalty units.
(sec.540-ssec.4) A schedule, as far as possible, must extend beyond 1 year’s operation of a business or industry.
- (a) order the following persons to give it returns of the facts or figures— (i) an organisation that is, or any of whose members are, a party to the proceedings; (ii) an employer who is, or a group of employers who are, a party to the proceedings; and
- (i) an organisation that is, or any of whose members are, a party to the proceedings;
- (ii) an employer who is, or a group of employers who are, a party to the proceedings; and
- (b) allow a person selected by it as an expert to prepare, from the returns, reports directed to matters that the commission seeks to be informed on.
- (i) an organisation that is, or any of whose members are, a party to the proceedings;
- (ii) an employer who is, or a group of employers who are, a party to the proceedings; and
- (a) all particulars relevant to the cause; and
- (b) the particulars the commission asks for.
- (a) the name of the organisation that gave the return; or
- (b) business information of a private or confidential nature extracted from the return.