19DConsequences of non‑compliance with Act

19D Consequences of non‑compliance with Act

(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; and
(e) a designated relevant employer fails to select gender equality targets for a target cycle (see subsection 13(3AA)).

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.