Workplace Relations Amendment (Codifying Contempt Offences) Act 2004
No. 112, 2004
An Act to amend laws relating to workplace relations, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Contempt offences
Workplace Relations Act 1996
Schedule 1A—Whistleblowers
Workplace Relations Act 1996
Schedule 2—Other amendments relating to offences
Workplace Relations Act 1996
Schedule 3—Increasing civil penalties
Workplace Relations Act 1996
Schedule 4—Compliance etc. powers
Workplace Relations Act 1996
Schedule 5—Disqualification from office of person serving suspended sentence
Part 1—Amendments
Workplace Relations Act 1996
Part 2—Application, transitional and savings provisions
Workplace Relations Amendment (Codifying Contempt Offences) Act 2004
No. 112, 2004
An Act to amend laws relating to workplace relations, and for related purposes
[Assented to 13 July 2004]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Workplace Relations Amendment (Codifying Contempt Offences) Act 2004.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent | 13 July 2004 |
2. Schedule 1 | The 28th day after the day on which this Act receives the Royal Assent | 10 August 2004 |
2A. Schedule 1A | A single day to be fixed by Proclamation However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period | 13 January 2005 |
2B. Schedule 2 | The 28th day after the day on which this Act receives the Royal Assent | 10 August 2004 |
3. Schedule 3 | The 28th day after the day on which this Act receives the Royal Assent | 10 August 2004 |
4. Schedule 4 | A single day to be fixed by Proclamation However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period | 13 January 2005 |
5. Schedule 5 | The day on which this Act receives the Royal Assent | 13 July 2004 |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other…
Overview
The Workplace Relations Amendment (Codifying Contempt Offences) Act 2004 was enacted by the Parliament of Australia to amend laws relating to workplace relations, particularly addressing contempt offences within the framework of the Workplace Relations Act 1996. This Act was designed to enhance the enforcement of legal proceedings and the credibility of evidence provided in workplace-related cases. Among its provisions, the Act codifies specific contempt offences such as giving false evidence and inducing others to give false evidence, with penalties including imprisonment. Additionally, it introduces protections for whistleblowers who disclose information about contraventions of the Act or related financial accountability requirements, ensuring that such disclosures are not actionable and providing immunity from certain liabilities. The Act also increases civil penalties for various offences and establishes new compliance powers for the Secretary of the Department, including the authority to obtain information relevant to building industry investigations. These amendments aim to strengthen the legal mechanisms for maintaining integrity and accountability in workplace relations.
Scope and Application
The Workplace Relations Amendment (Codifying Contempt Offences) Act 2004 is a Commonwealth Act that amends the Workplace Relations Act 1996 to address contempt offences within the workplace relations framework. The Act applies to individuals and organisations within the workplace relations sphere, specifically targeting conduct that undermines the integrity of legal proceedings related to workplace relations. It encompasses contempt offences such as giving false evidence and inducing others to give false evidence in proceedings before the Fair Work Commission, with penalties including imprisonment. The Act also introduces protections for whistleblowers who disclose information about contraventions of workplace laws, ensuring they are not subject to civil or criminal liability for their disclosures, provided they act in good faith and meet certain conditions. Additionally, the Act increases penalties for various workplace relations offences and grants the Secretary of the Department specific powers to obtain information and documents relevant to building industry investigations, with provisions to protect the confidentiality and integrity of the information collected. The Act's jurisdictional reach is confined to the Commonwealth, impacting entities and individuals operating within the national workplace relations framework.
Key Provisions
- The Workplace Relations Amendment (Codifying Contempt Offences) Act 2004, which amends the Workplace Relations Act 1996, introduces several key provisions. Firstly, it codifies new contempt offences, including giving false evidence and inducing or coercing another person to give false evidence in workplace-related proceedings. These offences carry a penalty of imprisonment for up to 12 months. Secondly, the Act introduces protection for whistleblowers, who are defined as officers, employees, or members of organisations. They are protected from civil or criminal liability when they disclose information about contraventions of the Act, provided the disclosure is made in good faith and to certain specified authorities. Additionally, the Act prohibits victimisation of whistleblowers, with penalties of up to 25 penalty units, imprisonment for up to 6 months, or both, for those who cause detriment to whistleblowers.
- The Act imposes several obligations on parties governed by it. Firstly, it mandates the reporting of suspected contraventions to specified authorities, with whistleblowers granted immunity from liability for such disclosures. Secondly, it requires compliance with new contempt offences, ensuring that false evidence and inducements to provide such evidence in workplace-related proceedings are avoided. Thirdly, the Act establishes a framework for protecting whistleblowers and penalising those who victimise them.
- Breaches of the Act's provisions can lead to civil or criminal penalties. For example, giving false evidence in a proceeding before the Commission or inducing another person to give false evidence carries a penalty of imprisonment for up to 12 months. Similarly, contravening the provisions protecting whistleblowers or victimising them can result in penalties of up to 25 penalty units, imprisonment for up to 6 months, or both. The Act also increases civil penalties for various offences under the Workplace Relations Act 1996, replacing monetary penalties with penalty units as specified in the Crimes Act 1914.
- Area of Law
- Employment & Labour Law
- Criminal Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Offence Provisions
- Civil Penalty Provisions
- Repeal & Amendment
- Transitional Provisions
- Enforcement Powers
- Reporting & Disclosure Obligations