Magistrates' Court (Outworkers) Rules 2016 (Vic)

Version No. 001

Magistrates' Court (Outworkers) Rules 2016

S.R. No. 41/2016

Version as at

5 June 2016

TABLE OF PROVISIONS

Rule  Page

1Objective

2Authorising provisions

3Commencement

4Revocation

5Magistrates' Court General Civil Procedure Rules 2010 do not apply

6Application for order to waive requirement to give notice—Form 1

7Application for permit—Form 2

8Application for revocation of permit—Form 3

9Notice

10Hearing date for application under section 46

11Court may fix new date

Form 1—Application for order

Form 2—Application for issue of permit

Form 3—Application for revocation of permit

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Magistrates' Court (Outworkers) Rules 2016

S.R. No. 41/2016

Version as at

5 June 2016

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

1Objective

The objective of these Rules is to make provision for applications to the Court under Division 2 of Part 4 of the Outworkers (Improved Protection) Act 2003.

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 5 June 2016.

4Revocation

The Magistrates' Court (Outworkers) Rules 2006[1] are revoked.

5Magistrates' Court General Civil Procedure Rules 2010 do not apply

The Magistrates' Court General Civil Procedure Rules 2010[2] do not apply to any application referred to in these Rules.

6Application for order to waive requirement to give notice—Form 1

An application to the Court under section 44(1) of the Outworkers (Improved Protection) Act 2003 for an order must be in Form 1.

7Application for permit—Form 2

An application to the Court under section 45 of the Outworkers (Improved Protection) Act 2003 for a permit to be issued must be in Form 2.

8Application for revocation of permit—Form 3

An application to the Court under section 46 of the Outworkers (Improved Protection) Act 2003 for a permit to be revoked must be in Form 3.

9Notice

The applicant must serve a copy of an application under section 46 of the Outworkers (Improved Protection) Act 2003 on the holder of the permit who is the subject of the application within a reasonable time before the date fixed for the hearing of the application.

10Hearing date for application under section 46

The registrar must fix a date for the hearing of an application under section 46 of the Outworkers (Improved Protection) Act 2003 that is no later than 28 days after the application has been filed in the Court.

11Court may fix new date

The Court may fix a new date for the hearing of an application under section 46 of the Outworkers (Improved Protection) Act 2003 that is before or after the date fixed by the registrar under Rule 10. An application for the fixing of a new date may be made before, on or after the date fixed by the registrar under Rule 10.

Form 1—Application for order

Rule 6

APPLICATION FOR ORDER

Outworkers (Improved Protection) Act 2003

Section 44(1)

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

1.I [name of applicant] of [address], an officer/*employee of the [name of Union] hold a permit that was issued under section 45 of the Outworkers (Improved Protection) Act 2003 by the Magistrates' Court at [venue] on [date].  The permit remains in force.

2.     Pursuant to section 44(1) of that Act, I apply for the following orders—

[here set out details of the orders being sought, e.g. that the Court order that the requirement to give [name of occupier of premises] notice of my intention to enter premises at [address of premises] on [date] be waived].

Dated:

[Signed]

Signature of applicant

*Delete if inapplicable

HEARING OF APPLICATION

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

[Signed]

Registrar

Form 2—Application for issue of permit

Rule 7

APPLICATION FOR ISSUE OF PERMIT

Outworkers (Improved Protection) Act 2003

Section 45

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

I [name of applicant] being the secretary of the [name of Union] of [address of Union], which is a Union as defined in section 40(1) of the Outworkers (Improved Protection) Act 2003, apply for a permit to be issued to [name of officer or employee of the Union] by the Court under section 45 of that Act.

Dated:

[Signed]

Signature of applicant

[Signed]

Registrar

Form 3—Application for revocation of permit

Rule 8

APPLICATION FOR REVOCATION OF PERMIT

Outworkers (Improved Protection) Act 2003

Section 46

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

[Name of employer]

or

[Name of registered organisation of employers]

or

[Name of information services officer]

applies for a permit issued by the Court under section 45 of the Outworkers (Improved Protection) Act 2003 to [name of permit holder] to be revoked.

GROUNDS FOR APPLICATION

The grounds for the application are—

[set out grounds—an application to revoke a permit must set out the grounds on which the application is made—refer to section 46(2) of the Outworkers (Improved Protection) Act 2003].

HEARING OF APPLICATION

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

[Signed]

Registrar

Dated:   4 May 2016

PETER LAURITSEN,

Chief Magistrate

LANCE IVAN MARTIN,

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 (Outworkers) Rules 2016, S.R. No. 41/2016 were made on 4 May 2016 by the Chief Magistrate together with 2 Deputy Chief Magistrates under section 16 of the Magistrates' Court Act 1989, No. 51/1989 and came into operation on 5 June 2016: rule 3.

The Magistrates' Court (Outworkers) Rules 2016 will sunset 10 years after the day of making on 4 May 2026 (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 (Outworkers) Rules 2016 by statutory rules, subordinate instruments and Acts.

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. 69/2006 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. Subsequently amended by

S.R. Nos 163/2015, 164/2015 and 17/2016.