Magistrates' Court (Occupational Health and Safety) Rules 2015 (Vic)

Version No. 002

Magistrates' Court (Occupational Health and Safety) Rules 2015

S.R. No. 41/2015

Version incorporating amendments as at

21 June 2019

TABLE OF PROVISIONS

Rule  Page

Order 1—Preliminary

1Object

2Authorising provisions

3Commencement

4Revocation

5Application of Magistrates' Court General Civil Procedure Rules 2010

Order 2—Applications

6Application for entry permit—Form 1

7Application for revocation of entry permit—Form 2

8Hearing date for application under section 85

9Extension and abridgement

Form 1

Form 2

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 002

Magistrates' Court (Occupational Health and Safety) Rules 2015

S.R. No. 41/2015

Version incorporating amendments as at

21 June 2019

The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:

Order 1—Preliminary

1Object

The object of these Rules is to provide forms of application to the Court under sections 83 and 85 of the Occupational Health and Safety Act 2004.

2Authorising provisions

These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers.

3Commencement

These Rules come into operation on 15 June 2015.

4Revocation

The Magistrates' Court (Occupational Health and Safety) Rules 2005[1] are revoked.

5Application of Magistrates' Court General Civil Procedure Rules 2010

The Magistrates' Court General Civil Procedure Rules 2010[2] do not apply to an application referred to in Rules 6 and 7.

Order 2—Applications

6Application for entry permit—Form 1

An application to the Court under section 83 of the Occupational Health and Safety Act 2004 for an entry permit to be issued must be in Form 1.

7Application for revocation of entry permit—Form 2

An application to the Court under section 85 of the Occupational Health and Safety Act 2004 for an entry permit to be revoked must be in Form 2.

8Hearing date for application under section 85

A registrar must fix a date for hearing of an application under section 85 of the Occupational Health and Safety Act 2004 that is no later than 28 days after the application has been filed in the Court.

9Extension and abridgement

(1)The Court may extend or abridge the time fixed by Rule 8.

(2)The Court may extend the time under paragraph (1) before or after the time expires whether or not an application for the extension is made before the time expires.

Form 1

Rule 6

APPLICATION FOR ISSUE OF ENTRY PERMIT

Occupational Health and Safety Act 2004

Section 83

TO: The Registrar of the Magistrates' Court at [venue]

I [name of applicant], [occupation], being a—

*member of the committee of management

or

*a member of the committee of management of the [name of branch] branch

of the [name of registered employee organisation] of [address of organisation], which is a registered employee organisation within the meaning of section 79 of the Occupational Health and Safety Act 2004, apply for an entry permit to be issued to [name of prospective permit holder] by the Court under section 83 of that Act.

*STATUTORY DECLARATION/AFFIDAVIT IN SUPPORT OF APPLICATION

I, [name of prospective permit holder]—

*declare that—

or

*make oath/*affirm and say—

1.I am qualified under section 81 of the Occupational Health and Safety Act 2004 to hold an entry permit.

2.The issue of an entry permit to me would not exceed any limit set out in a Minister's determination under section 80 of the Occupational Health and Safety Act 2004.

*3.   No entry permits issued to me have been revoked.

or

*3.   [insert relevant number] entry permit/*permits issued to me *has/*have been revoked.

4.I *have/*have not been convicted or found guilty of an offence under Part 8 of the Occupational Health and Safety Act 2004.

5.I *have/*have not been convicted or found guilty of an indictable offence within the previous 5 years.

*6.   [in the case of a statutory declaration, this paragraph must be included] I acknowledge that this declaration is true and correct and is made in the belief that a person making a false declaration is liable to the penalties of perjury.

*Declared/*sworn etc.

Registrar

*Delete if inapplicable.

Form 2

Rule 7

APPLICATION FOR ENTRY PERMIT TO BE REVOKED

Occupational Health and Safety Act 2004

Section 85

TO: The Registrar of the Magistrates' Court at [venue]

The Victorian WorkCover Authority

or

[Name of employer]

applies for an entry permit issued by the Court under section 83 of the Occupational Health and Safety Act 2004 to [name of permit holder] to be revoked.

GROUNDS FOR APPLICATION

The grounds for the application are—

(set out grounds—refer to section 85(2) of the Occupational Health and Safety Act 2004)

Note: Section 85(2) of the Occupational Health and Safety Act 2004 provides that the applicant must give written notice of an application, setting out the grounds for it, to the person who holds the entry permit and the registered employee organisation concerned.

HEARING OF APPLICATION

This application will be heard by the Court at [venue] on [date].

[signed]

Registrar

Dated:    29 May 2015

PETER LAURITSEN,

Chief Magistrate

DANIEL J. MULING,

Deputy Chief Magistrate

JELENA POPOVIC,

Deputy Chief Magistrate

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Magistrates' Court (Occupational Health and Safety) Rules 2015, S.R. No. 41/2015 were made on 29 May 2015 by the Chief Magistrate together with 2 Deputy Chief Magistrates jointly under section 16 of the Magistrates' Court Act 1989, No. 51/1989 and came into operation on 15 June 2015: rule 3.

The Magistrates' Court (Occupational Health and Safety) Rules 2015 will sunset 10 years after the day of making on 29 May 2025 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•    Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•    Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•    Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•    Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•    Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•    Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Magistrates' Court (Occupational Health and Safety) Rules 2015 by statutory rules, subordinate instruments and Acts.

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Magistrates' Court (Oaths and Affirmations Amendment) Rules 2019, S.R. No. 49/2019

Date of Making:	20.6.19
Date of Commencement:	Rule 29 on 21.6.19: rule 3

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3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

[1] Rule 4: S.R. No. 59/2005 as amended by S.R. No. 123/2011.

[2] Rule 5: S.R. No. 140/2010. Reprint No. 2 as at 1 February 2015. Reprinted to S.R. No. 3/2015.