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Employment Relations Act 2000

General provisions - Infringement offences

235B: Infringement offences

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“Breaking employment rules can lead to fines or court action”

If you are alleged to have committed an infringement offence, you may be proceeded against by filing a charging document under section 14 of the Criminal Procedure Act 2011, or you may be issued with an infringement notice under section 235C. You do not need a District Court Judge or Registrar’s permission to start proceedings in this way, as stated in section 21(1)(a) of the Summary Proceedings Act 1957. If an infringement notice is issued, the procedure to follow is outlined in section 21 of the Summary Proceedings Act 1957.

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Topics:
Work and jobs > Worker rights Crime and justice > Criminal law

Part 11 General provisions
Infringement offences

235BInfringement offences

  1. If a person is alleged to have committed an infringement offence, the person may—

  2. be proceeded against by filing a charging document under section 14 of the Criminal Procedure Act 2011; or
    1. be issued with an infringement notice under section 235C.

      1. Proceedings commenced in the way described in subsection (1)(a) do not require the leave of a District Court Judge or Registrar under section 21(1)(a) of the Summary Proceedings Act 1957.

      2. See section 21 of the Summary Proceedings Act 1957 for the procedure that applies if an infringement notice is issued.

      Notes
      • Section 235B: inserted, on , by section 36 of the Employment Relations Amendment Act 2016 (2016 No 9).
      • Section 235B(1)(b): replaced, on , by section 20(1) of the Worker Protection (Migrant and Other Employees) Act 2023 (2023 No 36).
      • Section 235B(2): amended, on , by section 20(2) of the Worker Protection (Migrant and Other Employees) Act 2023 (2023 No 36).
      • Section 235B(3): inserted, on , by section 20(3) of the Worker Protection (Migrant and Other Employees) Act 2023 (2023 No 36).