Who has to submit performance records to the Minister of Gender Equality and Family, and does that duty reach employers who filed no implementation plan?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the implementation plan that was submitted, checking that it was filed in accordance with the first and third paragraphs of the preceding provision, and then the performance record the submitter sent to the Minister, since the provision sets that record against such a plan.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading confines the duty by its starting point: it binds only the person who submitted an implementation plan in accordance with the first and third paragraphs of the preceding provision, so the duty to submit performance records is tied to having filed such a plan, and an employer who filed none is not reached by this provision.
Another reading notes that the provision states who must submit and to whom, but leaves the particulars of the submission and of the Minister's notification to the departmental ordinance, so what must be entered in the record, when it is due and how it travels to the Minister are not settled by this provision.
Your judgment
Where the particulars, timing and procedure are left to the departmental ordinance, how does the file show that the record submitted met those requirements?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to extend the duty to employers who filed no implementation plan, or if the referenced paragraphs of the preceding provision change so that a plan filed no longer falls within them.