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FAIR WORK REGULATIONS 2009 (SLI NO 112 OF 2009) - REG 5.04

President must provide certain information etc. to the Minister and Fair Work Ombudsman

         (1)   For subsection 654 (1) of the Act:

                (a)    the information and copies of documents which the President must provide to the Minister are set out in Part 1 of Schedule 5.2; and

               (b)    the information and copies of documents which the President must provide to the Fair Work Ombudsman are set out in Part 2 Schedule 5.2.

Note    Information prescribed in Schedule 5.2 is minimum information only.

         (2)   Schedule 5.2 also sets out the time by which the information and documents must be provided.

         (3)   In addition to the matters in Schedule 5.2, the Minister may request from the President a copy of:

                (a)    an order or interim order made by FWA; or

               (b)    an instrument made under section 262, 266, 269, 320 or 458 of the Act.

         (4)   If the Minister requests a copy of an instrument or order, the President must provide the copy:

                (a)    within 24 hours after the request; or

               (b)    if the instrument, order or interim order has not been written within that period -- as soon as practicable.

         (5)   For the Minister:

                (a)    information, or a copy of a document, may be provided:

                          (i)    in paper form; or

                         (ii)    in electronic form, in accordance with any particular information technology requirements notified to the President by the Secretary; and

               (b)    subparagraph (a) (ii) does not prevent the President from including other relevant information with information provided to the Minister in electronic form; and

                (c)    a copy of a document that is provided to the Minister in paper form must be posted to the address notified to the President by the Secretary; and

               (d)    information, or a copy of a document, that is provided to the Minister in electronic form must be sent to the e‑mail address notified to the President by the Secretary; and

                (e)    the President must ensure that:

                          (i)    all copies of documents that are to be provided to the Minister in paper form during a week are given at the same time in that week; and

                         (ii)    all information, or copies of documents, of a particular kind that are to be provided to the Minister in electronic form during a week are provided at the same time in that week.

         (6)   The President may provide information mentioned in subitem 15.1 of Schedule 5.2:

                (a)    by providing the Minister with a copy of a relevant statutory declaration provided by an employer in accordance with paragraph 185 (2) (b) of the Act and the procedural rules; or

               (b)    by other means.

         (7)   For the Fair Work Ombudsman:

                (a)    information, or a copy of a document, may be provided:

                          (i)    in paper form; or

                         (ii)    in electronic form, in accordance with any particular information technology requirements notified to the President by the Fair Work Ombudsman; and

               (b)    subparagraph (a) (ii) does not prevent the President from including other relevant information with information provided to the Fair Work Ombudsman in electronic form; and

                (c)    a copy of a document that is provided to the Fair Work Ombudsman in paper form must be posted to the address notified to the President by the Fair Work Ombudsman; and

               (d)    information, or a copy of a document, that is provided to the Fair Work Ombudsman in electronic form must be sent to the e‑mail address notified to the President by the Fair Work Ombudsman; and

                (e)    the President must ensure that:

                          (i)    all copies of documents that are to be provided to the Fair Work Ombudsman in paper form during a week are given at the same time in that week; and

                         (ii)    all information, or copies of documents, of a particular kind that are to be provided to the Fair Work Ombudsman in electronic form during a week are provided at the same time in that week.



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