Part 6: Record keeping requirements

28. Record keeping requirements

Part 7A of the Act provides for the appointment of authorised officers. Authorised officers have certain powers under the Act, including the power to enter premises with the consent of the occupier and to require information or documents.

It is an offence under the Act to fail to comply with a notice or requirement to produce documents or give information, without reasonable excuse. It is also an offence to knowingly produce false or misleading documents without indicating the respect in which they are false or misleading.

The keeping of records in accordance with this Part will help demonstrate compliance with the Act if there is an allegation of non-compliance.

MANDATORY REQUIREMENTS

A hirer is required to keep the following records in relation to each engagement of a contractor and, subject to section 60I of the Act, to provide them to an authorised officer if requested –

1. copies of any regulated contracts;
2. the name and contact details of the contractor;
3. the date on which the contractor was engaged by the hirer;
4. if the hirer undertook a tender process for the purpose of engaging a contractor, the date on which the tender was lodged and the date the hirer accepted the tender from the contractor;
5. the period of the engagement of the contractor;
6. if the hirer gave an information booklet or the applicable rates and costs schedule to the contractor, the date or dates on which they were given and any records of them being given;
7. if an information booklet or the applicable rates and costs schedule was given by hand, a signed acknowledgement of receipt by the contractor;
8. if the hirer terminated the engagement of the contractor, the date on which the hirer terminated the engagement;
9. if the hirer provided payment in lieu of notice to the contractor, the date it was provided to the contractor and the amount paid.

A freight broker is required to keep the following records in relation to each engagement of a contractor by a hirer that the freight broker procured or arranged and, subject to section 60I of the Act, to provide the records to an authorised officer if requested –

1. the name and contact details of the contractor;
2. the date on which the contractor was engaged;
3. the period of the engagement of the contractor;
4. if the freight broker gave an information booklet or the applicable rates and costs schedule to the contractor, the date or dates on which they were given and any records of them being given;
5. if the freight broker gave an information booklet or the applicable rates and costs schedule by hand, a signed acknowledgement of receipt by the contractor.