Magistrates' Court (Occupational Health and Safety) Rules 2015

Authorised Version Magistrates' Court (Occupational Health and Safety) Rules 2015 S.R. No. 41/2015 TABLE OF PROVISIONS Rule Page Order 1—Preliminary 1 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Revocation 1 5 Application of Magistrates' Court General Civil Procedure Rules 2010 1 Order 2—Applications 2 6 Application for entry permit—Form 1 2 7 Application for revocation of entry permit—Form 2 2 8 Hearing date for application under section 85 2 9 Extension and abridgement 2 Form 1—Application for issue of entry permit 3 Form 2—Application for entry permit to be revoked 5 ═══════════════ Endnotes 7 Authorised by the Chief Parliamentary Counsel i -- 1 of 8 -- Authorised Version STATUTORY RULES 2015 S.R. No. 41/2015 Magistrates' Court Act 1989 Magistrates' Court (Occupational Health and Safety) Rules 2015 The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules: Order 1—Preliminary 1 Object The object of these Rules is to provide forms of application to the Court under sections 83 and 85 of the Occupational Health and Safety Act 2004. 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 15 June 2015. 4 Revocation The Magistrates' Court (Occupational Health and Safety) Rules 2005 1 are revoked. 5 Application of Magistrates' Court General Civil Procedure Rules 2010 The Magistrates' Court General Civil Procedure Rules 20102 do not apply to an application referred to in Rules 6 and 7. Authorised by the Chief Parliamentary Counsel 1 -- 2 of 8 -- Order 2—Applications Magistrates' Court (Occupational Health and Safety) Rules 2015 S.R. No. 41/2015 Order 2—Applications 6 Application for entry permit—Form 1 An application to the Court under section 83 of the Occupational Health and Safety Act 2004 for an entry permit to be issued must be in Form 1. 7 Application for revocation of entry permit—Form 2 An application to the Court under section 85 of the Occupational Health and Safety Act 2004 for an entry permit to be revoked must be in Form 2. 8 Hearing date for application under section 85 A registrar must fix a date for hearing of an application under section 85 of the Occupational Health and Safety Act 2004 that is no later than 28 days after the application has been filed in the Court. 9 Extension and abridgement (1) The Court may extend or abridge the time fixed by Rule 8. (2) The Court may extend the time under paragraph (1) before or after the time expires whether or not an application for the extension is made before the time expires. Authorised by the Chief Parliamentary Counsel 2 -- 3 of 8 -- Form 1 Magistrates' Court (Occupational Health and Safety) Rules 2015 S.R. No. 41/2015 Form 1 Rule 6 APPLICATION FOR ISSUE OF ENTRY PERMIT Occupational Health and Safety Act 2004 Section 83 TO: The Registrar of the Magistrates' Court at [venue] I [name of applicant], [occupation], being a— *member of the committee of management or *a member of the committee of management of the [name of branch] branch of the [name of registered employee organisation] of [address of organisation], which is a registered employee organisation within the meaning of section 79 of the Occupational Health and Safety Act 2004, apply for an entry permit to be issued to [name of prospective permit holder] by the Court under section 83 of that Act. *STATUTORY DECLARATION/AFFIDAVIT IN SUPPORT OF APPLICATION I, [name of prospective permit holder]— *solemnly and sincerely declare that— or *make oath and say— 1. I am qualified under section 81 of the Occupational Health and Safety Act 2004 to hold an entry permit. 2. The issue of an entry permit to me would not exceed any limit set out in a Minister's determination under section 80 of the Occupational Health and Safety Act 2004. *3. No entry permits issued to me have been revoked. or *3. [insert relevant number] entry permit/*permits issued to me *has/have been revoked. 4. I *have/have not been convicted or found guilty of an offence under Part 8 of the Occupational Health and Safety Act 2004. Authorised by the Chief Parliamentary Counsel 3 -- 4 of 8 -- Form 1 Magistrates' Court (Occupational Health and Safety) Rules 2015 S.R. No. 41/2015 5. I *have/have not been convicted or found guilty of an indictable offence within the previous 5 years. *6. [in the case of a statutory declaration, this paragraph must be included] I acknowledge that this declaration is true and correct and is made in the belief that a person making a false declaration is liable to the penalties of perjury. *Declared/sworn etc. Registrar *Delete if inapplicable Authorised by the Chief Parliamentary Counsel 4 -- 5 of 8 -- Form 2 Magistrates' Court (Occupational Health and Safety) Rules 2015 S.R. No. 41/2015 Form 2 Rule 7 APPLICATION FOR ENTRY PERMIT TO BE REVOKED Occupational Health and Safety Act 2004 Section 85 TO: The Registrar of the Magistrates' Court at [venue] The Victorian WorkCover Authority or [Name of employer] applies for an entry permit issued by the Court under section 83 of the Occupational Health and Safety Act 2004 to [name of permit holder] to be revoked. GROUNDS FOR APPLICATION The grounds for the application are— (set out grounds—refer to section 85(2) of the Occupational Health and Safety Act 2004) Note: Section 85(2) of the Occupational Health and Safety Act 2004 provides that the applicant must give written notice of an application, setting out the grounds for it, to the person who holds the entry permit and the registered employee organisation concerned. HEARING OF APPLICATION This application will be heard by the Court at [venue] on [date]. [signed] Registrar Authorised by the Chief Parliamentary Counsel 5 -- 6 of 8 -- Magistrates' Court (Occupational Health and Safety) Rules 2015 S.R. No. 41/2015 Dated: 29 May 2015 PETER LAURITSEN, Chief Magistrate DANIEL J. MULING, Deputy Chief Magistrate JELENA POPOVIC, Deputy Chief Magistrate ═══════════════ Authorised by the Chief Parliamentary Counsel 6 -- 7 of 8 -- Endnotes Magistrates' Court (Occupational Health and Safety) Rules 2015 S.R. No. 41/2015 Endnotes 1 Rule 4: S.R. No. 59/2005 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. Authorised by the Chief Parliamentary Counsel 7 -- 8 of 8 --