Victorian Numbered Acts

WAGE THEFT ACT 2020 (NO. 21 OF 2020) - SECT 88

After section 42C of the Victorian Inspectorate Act 2011 insert —

    " 42D     Coercive questioning by the Wage Inspectorate Victoria

    (1)     The Victorian Inspectorate may require the Wage Inspectorate Victoria to provide a written report specifying, in relation to an attendance by a person before the Wage Inspectorate Victoria under a notice given under section 52 of the Wage Theft Act 2020 —

        (a)     the name of the person who attended; and

        (b)     the name of any other person who was present during the attendance in an official capacity under any Act; and

        (c)     the reasons for the attendance of the person being examined; and

        (d)     the place and time of each attendance by the person for examination; and

        (e)     the relevance of the attendance to the purpose of the investigation in relation to which the attendance occurred; and

        (f)     any other prescribed matter.

    (2)     The Wage Inspectorate Victoria must comply with a requirement under subsection (1) as soon as possible after it is made.

        42E     Review of notices etc. provided by the Wage Inspectorate Victoria

    (1)     The Victorian Inspectorate may review the following—

        (a)     a written report given under section 42 of the Wage Theft Act 2020 ;

        (b)     a written report given under section 54 of the Wage Theft Act 2020 ;

        (c)     a copy of any an audio or video recording or transcript of an attendance made under section 58 of the Wage Theft Act 2020 .

    (2)     A review of a matter under subsection (1) must assess—

        (a)     whether the requirements under the Wage Theft Act 2020 relating to that matter have been complied with; and

        (b)     if the Wage Inspectorate Victoria or a Wage Inspectorate Victoria officer has required a person to produce documents or things for the purposes of an investigation—whether the requirement may reasonably be considered to assist the Wage Inspectorate Victoria to achieve the purposes of the investigation; and

        (c)     if the matter relates to the questioning of a person attending before the Wage Inspectorate Victoria—whether the questioning may reasonably be considered to assist the Wage Inspectorate Victoria to achieve the purposes of the investigation to which the attendance relates.

    (3)     If the Victorian Inspectorate considers that an audio or video recording provided by the Wage Inspectorate Victoria is no longer necessary for the purpose of reviewing the audio or video recording in accordance with this section, the Victorian Inspectorate may—

        (a)     return the audio or video recording to the Wage Inspectorate Victoria; or

        (b)     destroy the audio or video recording.".