Part 4BAdditional powers of Commission etc

Part 4B—Additional powers of Commission etc 70C—Commission may require information (1) The Commission may, by notice in writing, require a prescribed person or body to provide to them such information, or such documents, as may be specified in the notice (being information or documents in the possession of the prescribed person or body that the Commission reasonably requires for the performance of functions under this Act). (2) A prescribed person or body must give the specified information or documents to the Commission within the period specified in the notice. (3) A prescribed person or body that refuses or fails to comply with a notice under subsection (1) is guilty of an offence. (4) If a prescribed person or body that is a public sector agency refuses or fails to comply with a notice under subsection (1), the Commission may, after consultation with the public sector agency— (a) report the refusal or failure to the Minister and to the Minister responsible for the public sector agency (if any); and (b) include details of the refusal or failure in the annual report of the Commission. (5) The Minister may, by notice in writing, exempt a specified person or body, or persons or bodies of a specified class, from the operation of this section. (6) An exemption— (a) may be conditional or unconditional; and (b) may be varied or revoked by the Minister by further notice in writing. prescribed person or body means— (a) a public sector agency (within the meaning of the Public Sector Act 2009); or (b) a registered employer, or an applicant for such registration; or (c) a nominated training organisation; or (d) any other person or body prescribed by the regulations. 70D—Sharing of information between certain persons and bodies (1) This section applies to the following persons and bodies: (a) the Commission; (b) a prescribed person or body under section 70C; (c) any other person or body prescribed by the regulations. (2) Despite any other Act or law, a person or body to whom this section applies (the provider) may, in accordance with any requirement set out in the regulations, provide prescribed information and documents to another person or body to whom this section applies (the recipient) if the provider reasonably believes that the provision of the information or documents would assist the recipient— (a) to perform functions and duties related to apprenticeships or traineeships or otherwise related to the operation of this Act; or (b) to manage any risk to an apprentice or trainee, or class of apprentice or trainee, that might arise in the recipient's capacity as an employer or provider of services. (3) Subject to this section, but despite any other Act or law, information or documents that do not directly or indirectly disclose the identity of any person may be provided by one person or body to whom this section applies to another without restriction. (4) Subsection (3) applies— (a) whether or not the information or documents consist of or include prescribed information and documents; and (b) whether or not the information or document ever disclosed the identity of a person, or has been redacted so as to de‑identify it. (5) Information may be provided under this section whether or not the provider has been requested to provide the information. (6) Despite section 72A, the recipient of information or documents under this section must not disclose information or documents received under this section except— (a) to another person or body to whom this section applies; or (b) as may be authorised by the regulations. prescribed information and documents means— (a) information or documents relating to the health, safety, welfare or wellbeing of a particular person, or class of persons; or (b) any other information or document of a kind prescribed by the regulations. 70E—Other powers of Commission and authorised persons (1) For the purposes of this Act, a member of the Commission, or a person authorised by the Commission (an authorised person), may exercise any 1 or more of the following powers: (a) an authorised person may question any person in relation to the operation or enforcement of this Act; (b) an authorised person may require the production of any record or document required to be kept by or under this Act and— (i) examine, copy and take extracts from any record or document; and (ii) take any record or document; and (iii) seize and remove anything that may constitute evidence of an offence against this Act; and (iv) take photographs, films or video recordings; (c) an authorised person may enter and inspect, at any reasonable time, the following places or premises or anything in the following places or premises: (i) a place or premises in which education or training is provided, including a place or premises in which a person undertakes the practical component of any such course; (ii) a place or premises in which an apprentice or trainee is employed under a training contract. (2) An authorised person must, when exercising a power under this section— (a) carry an identity card in a form approved by the Commission; and (b) produce the identity card at the request of a person in relation to whom the power is being exercised. (3) A person must not— (a) hinder or obstruct an authorised person in the exercise of a power conferred by this section; or (b) refuse or fail to answer truthfully to the best of the person's knowledge or belief a question put to the person under this section; or (c) without lawful excuse, fail to comply with a requirement made under this section. (4) A person is not obliged to answer a question under this section if the answer would tend to incriminate the person or make the person liable to a penalty.