Workplace Relations Amendment Regulations 1999 (No. 4)

Administered by Department of Employment and Workplace Relations

Legislation au F1999B00187 Regulations Not in force Legislative Instrument

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Workplace Relations Amendment Regulations 1999 (No. 4) 1999 No. 195

EXPLANATORY STATEMENT

Statutory Rules 1999 No. 195

(Issued by the authority of the Minister for Employment, Workplace Relations and Small Business)

Workplace Relations Act 1996

Workplace Relations Amendment Regulations 1999 (No. 4)

Authority

Subsection 359(1) of the Workplace Relations Act 1996 (the Act) provides that the GovernorGeneral may make regulations prescribing matters required or permitted by the Act, or necessary or convenient to give effect to the Act.

Purpose

The purpose of the Workplace Relations Amendment Regulations is to amend the Principal Regulations to alter the requirements for the publication and distribution by the Industrial Registrar of notices of applications by organisations or associations under the Act to alter their eligibility rules under subsection 204(1) of the Act or to register as organisations under section 188 of the Act.

Context

Regulation 49(1) has required that where an application is lodged in the Registry by an organisation to alter its eligibility rules (or name) under subsection 204(1) of the Act, the Registry shall prepare a notice of its receipt. This must contain a copy of the organisation's eligibility rules in force immediately before the alteration, and a copy of them as they will be if the application is granted (which may be lengthy). This documentation must be published in the Government Gazette (the Gazette) and copied to each organisation registered under the Act.

Regulation 35 has provided for the publication and distribution of an applicant association's eligibility rules in a similar way.

The Regulations repeal regulations 49(1)(b), 49(2)(b), 35(1)(b) and 35(2) of the Principal Regulations. The effect of this change is that it will no longer be necessary to publish the full text of the proposed rules in the Gazette or give copies of such notices to organisations. The changes will result in the publication of a shorter (and less costly) notice in the Gazette identifying any proposed alteration so as to enable an organisation to decide whether to request a copy of the full application.

Additionally, the Regulations require the Registrar to provide a copy of an application for an eligibility rules change or for registration as an organisation to organisations which request it; and that the Registrar publicise this entitlement in the notices of receipt of the relevant applications placed in the Gazette, including providing contact details for making such a request.

Application

Item 1 of Schedule 1 inserts a new regulation 35 containing new gazettal and notification requirements for an application for registration. Item 2 of Schedule 1 inserts a new regulation 49 containing new gazettal and notification requirements for an application for a consent to change of name or alteration of eligibility rules.

Details of the Regulations are in the attachment.

The Regulations commence on gazettal.

ATTACHMENT

WORKPLACE RELATIONS AMENDMENT REGULATIONS 1999 (No. 4)

Regulation 1

Regulation 1 sets out the name of the regulations.

Regulation 2

Regulation 2 provides for the commencement of the regulations on gazettal.

Regulation 3

Regulation 3 is a formal provision, providing that the Workplace Relations Regulations 1996 (the Regulations) are amended as set out by Schedule 1 to the regulations.

Schedule 1 - Amendments of Workplace Relations Regulations 1996

Item 1

Item 1 of Schedule 1 amends the Regulations by substituting a new regulation 35 concerning notification of an application for registration.

Subregulation 35(1) contains new gazettal requirements following an application for registration under s. 188 of the Act. The Registrar must publish a notice in the Gazette stating:

* that the application for registration has been received;

* that a copy will be made available to an organisation on request;

* the name of the contact to whom the request for a copy is to be made.

Subregulation 35(2) requires the Registrar to make a copy of the application available to an organisation that requests it.

Subregulation 35(3) allows the Registrar to make the copy available in any form, and provides examples.

Item 2

Item 2 of Schedule 1 amends the Regulations by substituting a new regulation 49 concerning notification of an application for consent to a change of name or alteration of eligibility rules.

Subregulation 49(1) contains new gazettal requirements following such an application. The Registrar must publish a notice in the Gazette stating:

* that the application for registration has been received;

* that a copy will be made available to an organisation on request;

* the name of the contact to whom the request for a copy is to be made.

Subregulation 49(2) requires the Registrar to make a copy of the application available to an organisation that requests it.

Subregulation 49(3) allows the Registrar to make the copy available in any form, and provides examples.

 

Overview

The Workplace Relations Amendment Regulations 1999 (No. 4), enacted in 1999, were introduced to amend the Workplace Relations Regulations 1996, specifically addressing the requirements for the publication and distribution of notices of applications by organisations or associations to alter their eligibility rules or to register under the Workplace Relations Act 1996. This was done to streamline the process by reducing the publication of lengthy documentation in the Government Gazette and providing a less costly notice that allows organisations to request copies of the full application if needed. The objective of the regulations was to make the process more efficient while ensuring that interested parties still had access to the necessary information to review and respond to the applications. These regulations were issued by the authority of the Minister for Employment, Workplace Relations and Small Business and were designed to give effect to the Workplace Relations Act 1996 by amending the principal regulations.

Scope and Application

The Workplace Relations Amendment Regulations 1999 (No. 4) amends the Workplace Relations Regulations 1996 to alter the procedures for the publication and distribution of notices regarding applications by organisations or associations under the Workplace Relations Act 1996 to modify their eligibility rules or to register as organisations. These Regulations apply to entities seeking to alter their eligibility rules or register under the Act, impacting the Industrial Registrar’s duties in relation to these applications. The changes introduced by the Regulations are confined to the Commonwealth jurisdiction, as they pertain to the federal workplace relations system. There are no exclusions or exemptions explicitly stated in the explanatory statement, but the reduced scope of publication and the availability of full application details upon request are notable modifications. The Regulations also provide for further specification and adaptation through subordinate instruments, allowing for detailed procedural adjustments as needed.

Key Provisions

The Workplace Relations Amendment Regulations 1999 (No. 4) primarily focus on amending the requirements for the publication and distribution of notices of applications by organisations or associations under the Workplace Relations Act 1996 (the Act). These amendments, outlined in regulations 49 and 35, modify the process of notifying stakeholders about applications to alter eligibility rules or to register as organisations. Specifically, the new regulations (regulations 35 and 49) eliminate the need to publish the full text of the proposed rules in the Government Gazette (the Gazette) or distribute copies of such notices to organisations. Instead, they require the publication of a shorter notice identifying any proposed alteration, allowing organisations to request the full application if needed. These regulations impose several obligations on the parties involved. For example, the Industrial Registrar must publish a notice in the Gazette when an application is received. This notice must state that the application has been received, indicate that a copy of the application will be made available to an organisation upon request, and provide the contact details of the person to whom such requests should be directed. Furthermore, the Registrar is required to make a copy of the application available to any organisation that requests it. This must be done in a form that the Registrar deems appropriate, with examples provided to illustrate acceptable formats. Failure to comply with these regulations may lead to various consequences. Although the explanatory statement does not explicitly outline specific offences, penalties, or consequences, it is reasonable to infer that non-compliance could result in administrative or legal repercussions under the Act. For instance, if the Registrar fails to publish the required notice or does not make the application available upon request, it could potentially lead to legal challenges or administrative penalties. The specific nature and severity of these consequences would depend on the circumstances and the discretion of the relevant authorities. The maximum penalties, if any, are not specified within the explanatory statement but would likely be determined by the provisions of the Workplace Relations Act 1996.

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