Workplace Relations Act 1996 Revocation of Directions and Directions to Inspectors (May 2005) (Cth)
Workplace Relations Act 1996
REVOCATION OF DIRECTIONS AND DIRECTIONS TO INSPECTORS
I, PETER JOHN BOXALL, Secretary of the Department of Employment and Workplace Relations, acting under subsection 84(5) of the Workplace Relations Act 1996 as the delegate of the Minister for Employment and Workplace Relations, revoke the Direction issued by me on
26 September 2002 (published in Special Gazette No. S360) and all previous directions pursuant to subsection 84(5) of the Act and direct as follows:
These Directions commence on the day they are registered on the Federal Registrar of Legislative Instruments kept under the Legislative Instruments Act 2003.
In these Directions:
(a) ‘agreement’ means a certified agreement as defined in subsection 4(1) of the Act;
(b) ‘award’ means an award as defined in subsection 4(1) of the Act;
(c) ‘Commission’ means Commission as defined in subsection 4(1) of the Act;
(d) ‘common rule award’ means an award declared to be a common rule award under Division 5 of Part VI of the Act;
(e) ‘Department’ means the Department of Employment and Workplace Relations;
(f) ‘litigation action’ means the lodging with a court or Commission of the document or documents necessary to institute proceedings, whether civil or criminal, where the proceedings are instituted in the exercise of powers and performance of functions under the Act or the Regulations;
(g) ‘prescribed provision’ means any provision of the Act or the Regulations relating to a breach of:
an award;
a common rule award;
an agreement;
a provision under Schedule 1A of the Act; or
a provision under Part 9A or 9B of the Regulations;
in relation to which an inspector appointed under subsection 84(2) of the Act is empowered to bring proceedings;
(h) ‘the Act’ mean the Workplace Relations Act 1996; and
‘the Regulations’ means the Workplace Relations Regulations 1996.
Before taking litigation action relating to an alleged breach of a prescribed provision, an inspector appointed under paragraph 84(2)(a) of the Act must obtain the consent of a person performing the duties of one of the following positions in the Department:
(a) regardless of where the inspector is located – the Assistant Secretary of the branch or the Group Manager of the group with functional responsibility for the Office of Workplace Services;
(b) if the inspector is located in a State or Territory – the Manager or Deputy Manager of that State or Territory;
(c) if the inspector is located in the Building Industry Taskforce – the Director of the Building Industry Taskforce; or
(d) if the inspector is located in the Office of the Employment Advocate – the Senior Legal Manager of the Office of the Employment Advocate.
Before taking litigation action relating to an alleged breach of a prescribed provision, an inspector appointed under paragraph 84(2)(b) of the Act must obtain the consent of a person occupying or performing the duties of the Assistant Secretary of the branch or the Group Manager of the group with functional responsibility for the Office of Workplace Services.
Before taking litigation action relating to an alleged breach of any provision, other than a prescribed provision, an inspector must obtain the consent of a person occupying or performing the duties of one of the following positions in the Department:
(a) regardless of where the inspector is located – the Assistant Secretary of the branch or the Group Manager of the group with functional responsibility for the Office of Workplace Services;
(b) if the inspector is located in the Office of the Employment Advocate – the Senior Legal Manager of the Office of the Employment Advocate; or
(c) if the inspector is located in the Building Industry Taskforce – the Director of the Building Industry Taskforce.
Dated this 16th day of May 2005.
Peter J Boxall
DR PETER JOHN BOXALL
SECRETARY
DEPARTMENT OF EMPLOYMENT & WORKPLACE RELATIONS
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