Commonwealth Numbered Acts

EMPLOYMENT SERVICES ACT 1994 No. 176 of 1994 - SECT 138

When section applies
138.(1) This section applies if ESRA has reason to believe that a person is
capable of:

   (a)  giving information which ESRA has reason to believe is relevant to a
        designated matter; or

   (b)  producing documents which ESRA has reason to believe are relevant to a
        designated matter; or

   (c)  giving evidence which ESRA has reason to believe is relevant to a
        designated matter.
Note: "Designated matter" is defined by subsection (4).

Requirement to give information or produce documents etc.

(2) ESRA may, by written notice given to the person, require the person:

   (a)  to give to ESRA, within the period and in the manner specified in the
        notice, any such information; or

   (b)  to produce to ESRA, within the period and in the manner specified in
        the notice, any such documents; or

   (c)  to make copies of any such documents and to produce to ESRA, within
        the period and in the manner specified in the notice, those copies; or

   (d)  to appear before ESRA at a time and place specified in the notice to
        give any such evidence, either orally or in writing, and to produce
        any such documents.
Note: Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with
service of documents) apply to a notice given under this subsection.

Explanation

(3) A notice under this section must set out the effects of sections 140, 141
and 142.

Designated matters

(4) For the purposes of this section, each of the following matters is a
designated matter:

   (a)  ascertaining whether there has been a contravention of a condition of
        the accreditation of an entity;

   (b)  the performance of any of ESRA's functions or the exercise of any of
        its powers under:

        (i)    the accreditation scheme; or

        (ii)   a condition of accreditation; or

        (iii)  section 57 (which deals with disqualification for fraud,
               dishonesty etc.);

   (c)  the performance of any of ESRA's functions or the exercise of any of
        its powers under section 59 (which deals with claims for payments);

   (d)  ascertaining whether there has been a contravention of the case
        management document rules in force under section 66;

   (e)  the performance of any of ESRA's functions or the exercise of any of
        its powers under Part 4.7 (which deals with investigations);

   (f)  the performance of any of ESRA's functions or the exercise of any of
        its powers under Part 4.12 (which deals with recovery of case
        management debts).