Magistrates' Court (Outworkers) Rules 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Magistrates' Court (Outworkers) Rules 2016 S.R. No. 41/2016 TABLE OF PROVISIONS Rule Page 1 Objective 1 2 Authorising provisions 1 3 Commencement 1 4 Revocation 1 5 Magistrates' Court General Civil Procedure Rules 2010 do not apply 1 6 Application for order to waive requirement to give notice— Form 1 2 7 Application for permit—Form 2 2 8 Application for revocation of permit—Form 3 2 9 Notice 2 10 Hearing date for application under section 46 2 11 Court may fix new date 3 Form 1—Application for order 4 Form 2—Application for issue of permit 5 Form 3—Application for revocation of permit 6 ═══════════════ Endnotes 8 -- 1 of 9 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2016 S.R. No. 41/2016 Magistrates' Court Act 1989 Magistrates' Court (Outworkers) Rules 2016 The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules: 1 Objective 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. 2 Authorising provisions These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers. 3 Commencement These Rules come into operation on 5 June 2016. 4 Revocation The Magistrates' Court (Outworkers) Rules 2006 1 are revoked. 5 Magistrates' Court General Civil Procedure Rules 2010 do not apply The Magistrates' Court General Civil Procedure Rules 20102 do not apply to any application referred to in these Rules. -- 2 of 9 -- Magistrates' Court (Outworkers) Rules 2016 S.R. No. 41/2016 Authorised by the Chief Parliamentary Counsel 2 6 Application 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. 7 Application 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. 8 Application 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. 9 Notice 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. 10 Hearing 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. -- 3 of 9 -- Magistrates' Court (Outworkers) Rules 2016 S.R. No. 41/2016 Authorised by the Chief Parliamentary Counsel 3 11 Court 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. -- 4 of 9 -- Form 1—Application for order Magistrates' Court (Outworkers) Rules 2016 S.R. No. 41/2016 Authorised by the Chief Parliamentary Counsel 4 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 -- 5 of 9 -- Form 2—Application for issue of permit Magistrates' Court (Outworkers) Rules 2016 S.R. No. 41/2016 Authorised by the Chief Parliamentary Counsel 5 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 -- 6 of 9 -- Form 3—Application for revocation of permit Magistrates' Court (Outworkers) Rules 2016 S.R. No. 41/2016 Authorised by the Chief Parliamentary Counsel 6 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 -- 7 of 9 -- Magistrates' Court (Outworkers) Rules 2016 S.R. No. 41/2016 Authorised by the Chief Parliamentary Counsel 7 Dated: 4 May 2016 PETER LAURITSEN, Chief Magistrate LANCE IVAN MARTIN, Deputy Chief Magistrate JELENA POPOVIC, Deputy Chief Magistrate ═══════════════ -- 8 of 9 -- Endnotes Magistrates' Court (Outworkers) Rules 2016 S.R. No. 41/2016 Authorised by the Chief Parliamentary Counsel 8 Endnotes 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. -- 9 of 9 --