In the Authority’s first three years of operation, the regulatory approach was primarily focused on education and support for employers to familiarise themselves with the Scheme, to assist them to apply for registration, submit their quarterly returns and register their workers.
This has been successful with the Authority exceeding its employer and worker registration targets with most employers complying with their legal obligations under legislation. However, there remain employers who the Authority has identified that are not complying or not fully complying with their legislative obligations.
The Authority has identified and will commence strong compliance and enforcement activities over the following four strategic areas of regulatory focus over the next three years:
- Registration of non-complying employers: these are employers who are covered by the Scheme but remain unaware (or that are willfully refusing) to register their workers to give them their legal entitlements.
- Registration of workers: this includes all workers who are covered by the Scheme but that have not been registered either because their employer has not registered them or because their employer has under registered the number of workers in their workplace.
- Timely submission of quarterly returns: this includes employers who fail to submit, or are regularly late in submitting their quarterly returns.
- Prompt or non-payment of levies: there continues to be employers who fail to pay their levies or pay their levies promptly.
In light of the fact that employers have had three years to familiarise themselves with the Scheme and their obligations, the Authority will shift its approach to the compliance priorities from a primarily educative and supportive approach, to a more risk-based, intelligence-led and strategic enforcement program across all four strategic areas.
The Authority’s enforcement program includes the following:
- initial engagement
- education
- informal request for information
- engagement with worker
- formal notice of requirements
- strategic audits
- ongoing monitoring
- investigations
- Legal proceedings (Prosecution).
Updated