Who can receive an information notice?
Any persons that the Commissioner believes on reasonable grounds has information or a document that is relevant a) to the operation of the Local Jobs First Policy; or b) to a Local Industry Development Plan can receive an information notice.
The Commissioner will direct an information notice to the relevant party within the company. The Commissioner will also notify the lead agency about the information notice.
What do I do if I have received an information notice?
You are required to respond to the requests contained within the information notice within the period and format specified. The period specified will not be less than 14 days from when the information notice was issued.
What do I do if I don’t have the requested information?
If you do not have the requested information, documents or records specified, you must confirm this in writing to the Commissioner. The Commissioner will determine whether this is to be considered a breach of compliance with the Local Jobs First policy and will advise of actions to be taken.
Can I request an extension from the Commissioner for an Information Notice?
If you have received an information notice and are unable to respond within the period specified, you may write directly to the Commissioner, either by e-mail or letter, to request an extension to the timeframe.
What happens if I don’t comply with an information notice?
If you have failed to comply with an information notice, the Commissioner may issue a compliance notice in writing to you.
Who can receive a compliance notice?
The Commissioner will direct a compliance notice to the relevant party within a company. The Commissioner will also notify the lead procuring agency about the compliance notice.
What do I do if I have received a compliance notice?
If you have received a compliance notice you should follow the instructions contained within the notice and comply with the requests within the date specified. The period specified will not be less than 14 days from when the compliance notice was issued.
You must send a confirmation e-mail or a letter to the Commissioner with evidence of compliance within the period specified in the notice.
What if I disagree with a compliance notice?
If you receive a compliance notice and disagree with the notice, you have 14 days from the date of the receipt of the compliance notice to provide a written response to the Commissioner outlining the reasons for disagreeing with the notice. The response can either be written in an e-mail or letter to the Commissioner. The response must be signed by the CEO of the company.
After considering your response, the Commissioner may, by notice in writing:
- withdraw the compliance notice; or
- confirm the compliance notice.
If the compliance notice is confirmed, you must comply within the period specified in the notice.
Can I request an extension from the Commissioner in responding to a compliance notice?
If you have received a compliance notice and are unable to respond within the period specified, you may write directly to the Commissioner, either by e-mail or letter, to request an extension to the timeframe.
If you have disputed the compliance notice and the Commissioner confirms the compliance notice in writing, you are not allowed to request an extension to comply with the notice.
What happens if I don’t comply with a compliance notice?
If the Commissioner has not received a response from a person within the period specified within the compliance notice, or the person has failed to comply with the notice within the period specified after the notice has been confirmed by the Commissioner, the Commissioner may determine that the person has failed to comply with an information notice, the Local Jobs First Policy or a Local Industry Development Plan.
If the Commissioner makes a determination, the Commissioner may:
- recommend to the Minister that the Minister issue an Adverse Publicity Notice and
- advise the person and the appropriate agency of the determination; and the intent to recommend to the Minister to issue an Adverse Publicity Notice.
The Commissioner will notify the relevant authority within the company (i.e. CEO) and the lead agency of the advice.
Can I respond to the Commissioner’s determination and recommendation?
You may, within 7 days after the Commissioner has advised you of the determination and recommendation, respond to the Commissioner in writing either by email or letter, in respect of the recommendation that an Adverse Publicity Notice be issued by the Minister.
The Commissioner will either confirm or revoke the intent to issue a recommendation to the Minister to issue an Adverse Publicity Notice and confirm this to you in writing.
Adverse Publicity Notices
What is an adverse publicity notice?
An Adverse Publicity Notice means a notice issued under section 29(1) of the Local Jobs First Act 2003.
An Adverse Publicity Notice will name the person to whom the Adverse Publicity Notice relates and set out the details of the conduct and be published in the prescribed manner.
Who can issue an Adverse Publicity Notice?
The Minister is responsible for publishing adverse publicity notices. The Minister may issue a notice after receiving a recommendation from the Commissioner or if the Minister is satisfied that the person has failed to comply with the Local Jobs First Policy or with a Local Industry Development Plan.
Injunctions or other enforcement actions
What happens if an injunction is recommended or enforcement taken under contract?
Relevant agencies will determine whether to apply to a court of competent jurisdiction for an injunction or to take enforcement action under contract.
When can the Commissioner recommend that an agency take an injunction or other enforcement action?
An injunction or other enforcement action can be recommended against a contractor/supplier if they were found to fail or repeatedly fail to comply with Local Jobs First Policy or the Local Industry Development Plan.
Is a person notified of this recommendation by the Commissioner?
Person will not be notified of this recommendation.
Can a person provide a response to the recommendation?
As the persons have been provided opportunities to respond in earlier steps, a person will not be provided opportunity to respond to this recommendation.