Magistrates' Court (Occupational Health and Safety) Rules 2025 (Vic)

Version No. 001

Magistrates' Court (Occupational Health and Safety) Rules 2025

S.R. No. 30/2025

Version as at

28 May 2025

TABLE OF PROVISIONS

Rule  Page

Order 1—Preliminary

1Object

2Authorising provisions

3Commencement

4Revocation

5Application of Magistrates' Court General Civil Procedure Rules 2020

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     Explanatory details

Version No. 001

Magistrates' Court (Occupational Health and Safety) Rules 2025

S.R. No. 30/2025

Version as at

28 May 2025

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 28 May 2025.

4Revocation

The Magistrates' Court (Occupational Health and Safety) Rules 2015[1] are revoked.

5Application of Magistrates' Court General Civil Procedure Rules 2020

The Magistrates' Court General Civil Procedure Rules 2020[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 for issue of an entry permit under section 83 of the Occupational Health and Safety Act 2004 must be in Form 1.

7Application for revocation of entry permit—Form 2

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

8Hearing date for application under section 85

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

*AFFIDAVIT/STATUTORY DECLARATION IN SUPPORT OF APPLICATION

I, [name of prospective permit holder] of [address and occupation]—

*make oath and say

*affirm and say

*declare that

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 an affidavit, this paragraph must be included] The contents of this affidavit are true and correct and I make it knowing that a person making a false affidavit may be prosecuted for the offence of perjury.

or

*6.   [in the case of a statutory declaration, this paragraph must be included] I declare that the contents of this statutory declaration are true and correct and I make it knowing that making a statutory declaration that I know to be untrue is an offence.

*Sworn/*Affirmed/*Declared at [place]

in the State of Victoria

on [date]

[Signature of person swearing or affirming affidavit before authorised affidavit taker/making statutory declaration before authorised statutory declaration witness]

Before

[Signature of authorised affidavit taker/statutory declaration witness]

[Full name and address in legible writing, typing or stamp]

[Capacity in which person has authority to take affidavit/qualification as an authorised statutory declaration witness]

on [date]

*I am a person authorised under section 19(1) of the Oaths and Affirmations Act 2018 to take an affidavit.

*I am a person authorised under section 30(2) of the Oaths and Affirmations Act 2018 to witness a statutory declaration.

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:           21 May 2025

LISA HANNAN,
Chief Magistrate

SUSAN WAKELING,
Deputy Chief Magistrate

TIM BOURKE,
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 2025, S.R. No. 30/2025 were made on 21 May 2025 by the Chief Magistrate together with one or more Deputy Chief Magistrates jointly under section 16 of the Magistrates' Court Act 1989, No. 51/1989 and came into operation on 28 May 2025: rule 3.

The Magistrates' Court (Occupational Health and Safety) Rules 2025 will sunset 10 years after the day of making on 21 May 2035 (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

There are no amendments made to the Magistrates' Court (Occupational Health and Safety) Rules 2025 by statutory rules, subordinate instruments and Acts.

3   Explanatory details

[1] Rule 4: S.R. No. 41/2015 as amended by S.R. No. 49/2019.

[2] Rule 5: S.R. No. 112/2020 as amended by S.R. Nos 23/2021, 89/2021, 167/2021, 54/2022, 102/2022, 134/2022, 68/2023, 128/2023 and 134/2024.