Magistrates' Court (Occupational Health and Safety) Rules 2005

i Magistrates' Court (Occupational Health and Safety) Rules 2005 S.R. No. 59/2005 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Magistrates' Court Civil Procedure Rules 1999 1 5. Application for entry permit—Form 1 1 6. Application for revocation of entry permit—Form 2 2 7. Hearing date for application under section 85 2 8. Extension and abridgement 2 __________________ FORMS 3 Form 1—Application For Issue Of Entry Permit 3 Form 2—Application for an Entry Permit to be Revoked 5 ═══════════════ ENDNOTES 7 -- 1 of 8 -- 1 STATUTORY RULES 2005 S.R. No. 59/2005 Magistrates' Court Act 1989 Magistrates' Court (Occupational Health and Safety) Rules 2005 The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules: 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 1 July 2005. 4. Magistrates' Court Civil Procedure Rules 1999 The Magistrates' Court Civil Procedure Rules 1999 1 do not apply to an application referred to in rules 5 and 6. 5. 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. -- 2 of 8 -- S.R. No. 59/2005 Magistrates' Court (Occupational Health and Safety) Rules 2005 2 6. 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. 7. 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. 8. Extension and abridgement (1) The Court may extend or abridge the time fixed by Rule 7. (2) The Court may extend time under paragraph (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. 59/2005 Magistrates' Court (Occupational Health and Safety) Rules 2005 3 FORMS RULE 5 FORM 1 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. *AFFIDAVIT/STATUTORY DECLARATION IN SUPPORT OF APPLICATION I, [name of prospective permit holder]— make oath and say— or *solemnly and sincerely declare that— 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. Form 1 -- 4 of 8 -- S.R. No. 59/2005 Magistrates' Court (Occupational Health and Safety) Rules 2005 4 4. I *have/have not been convicted or found guilty of an offence under Part 8 of the Occupational Health and Safety Act 2004. 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. *Sworn/declared etc. Registrar *Delete if inapplicable __________________ Form 1 -- 5 of 8 -- S.R. No. 59/2005 Magistrates' Court (Occupational Health and Safety) Rules 2005 5 RULE 6 FORM 2 APPLICATION FOR AN 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 (section 85) to [name of permit holder] to be revoked. GROUNDS FOR APPLICATION The grounds for the application are— (set out grounds—refer to section 82(1) 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 Form 2 -- 6 of 8 -- S.R. No. 59/2005 Magistrates' Court (Occupational Health and Safety) Rules 2005 6 Dated: 16 June 2005 IAN LESLIE GRAY, Chief Magistrate DANIEL JOHN MULING, Deputy Chief Magistrate PETER HENRY LAURITSEN, Deputy Chief Magistrate ═══════════════ -- 7 of 8 -- S.R. No. 59/2005 Magistrates' Court (Occupational Health and Safety) Rules 2005 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. No. 15/2005. Endnotes -- 8 of 8 --