ARTICLE · 11 APRIL 2011

Notice to produce documents: what are your rights?

DLA Piper Australia

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Employers who receive a notice to produce documents from the Fair Work Ombudsman (FWO) and/or the Australian Building and Construction Commission (ABCC) often simply hand over large numbers of documents. Sometimes they deliver documents when they do not need to do so.

AustraliaEmployment and HR

Allan Drake-Brockman

Brian Jackson

Employers who receive a notice to produce documents from the Fair Work Ombudsman (FWO) and/or the Australian Building and Construction Commission (ABCC) often simply hand over large numbers of documents. Sometimes they deliver documents when they do not need to do so.

But what are your rights and obligations?

The Fair Work Act 2009 (Cth) (FW Act) permits an inspector to require a person, by notice, to produce a record or document to the inspector within a specified period, which must be at least 14 days.
The notice must be in writing and specify that the person is required to produce the record or document at a specified place within a specified period of at least 14 days.

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