Magistrates' Court (Outworkers) Rules 2006

i Magistrates' Court (Outworkers) Rules 2006 S.R. No. 69/2006 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Magistrates' Court Civil Procedure Rules do not apply 1 5. Application for order to waive requirement to give notice of intention to enter premises etc.—Form 1 1 6. Application for permit—Form 2 2 7. Application for revocation of permit—Form 3 2 8. Notice 2 9. Hearing date for application under section 46 2 10. Extension 2 __________________ FORMS 3 Form 1—Application for Order 3 Form 2—Application for Issue of Permit 4 Form 3—Application for Revocation of Permit 5 ═══════════════ ENDNOTES 7 -- 1 of 8 -- 1 STATUTORY RULES 2006 S.R. No. 69/2006 Magistrates' Court Act 1989 Magistrates' Court (Outworkers) Rules 2006 The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules: 1. Object The object 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 1 July 2006. 4. Magistrates' Court Civil Procedure Rules do not apply The Magistrates' Court Civil Procedure Rules 19991 do not apply to any application referred to in these Rules. 5. Application for order to waive requirement to give notice of intention to enter premises etc.—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. -- 2 of 8 -- S.R. No. 69/2006 Magistrates' Court (Outworkers) Rules 2006 2 6. 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. 7. 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. 8. 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. 9. 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. 10. Extension (1) The Court may extend the time fixed by Rule 9. (2) The Court may extend the time under sub-rule (1) before or after the time expires whether or not an application for the extension is made before the time expires. __________________ r. 6 -- 3 of 8 -- S.R. No. 69/2006 Magistrates' Court (Outworkers) Rules 2006 3 FORMS FORM 1 Rule 5 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— Signature of applicant— [Signed] *Delete if inapplicable HEARING OF APPLICATION This application will be heard by the Court at [venue] on [date]. [Signed] Registrar— __________________ Form 1 -- 4 of 8 -- S.R. No. 69/2006 Magistrates' Court (Outworkers) Rules 2006 4 FORM 2 Rule 6 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— Signature of applicant— [Signed] Registrar— __________________ Form 2 -- 5 of 8 -- S.R. No. 69/2006 Magistrates' Court (Outworkers) Rules 2006 5 FORM 3 Rule 7 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 Form 3 -- 6 of 8 -- S.R. No. 69/2006 Magistrates' Court (Outworkers) Rules 2006 6 Dated: 6 June 2006 IAN GRAY, Chief Magistrate PETER LAURITSEN, Deputy Chief Magistrate DANIEL MULING, Deputy Chief Magistrate ═══════════════ Form 3 -- 7 of 8 -- S.R. No. 69/2006 Magistrates' Court (Outworkers) Rules 2006 7 ENDNOTES 1 Rule 4: S.R. No. 58/1999. Reprint No. 3 as at 1 March 2005. Reprinted to S.R. No. 5/2005 and subsequently amended by S.R. Nos 15/2005 and 165/2005. Endnotes -- 8 of 8 --