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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Workplace
Relations Amendment (Improved Protection for Victorian Workers) Bill
2002
No. ,
2002
(Employment and Workplace
Relations)
A Bill for an Act to amend the
Workplace Relations Act 1996, and for related
purposes
Contents
Part 1—Amendment of the Workplace Relations Act
1996 3
Part 2—Application and saving
provisions 15
Part 1—Amendment of the Workplace Relations Act
1996 18
Part 2—Application 28
A Bill for an Act to amend the Workplace Relations Act
1996, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Workplace Relations Amendment (Improved
Protection for Victorian Workers) Act 2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Schedule 1 |
A day or days to be fixed by Proclamation, subject to
subsection (3) |
|
|
3. Schedule 2 |
A day or days to be fixed by Proclamation, subject to
subsection (3) |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
(3) If a provision covered by item 2 or 3 of the table does not
commence within the period of 6 months beginning on the day on which this Act
receives the Royal Assent, it commences on the first day after the end of that
period.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Part 1—Amendment
of the Workplace Relations Act 1996
1 After subsection 45(3)
Insert:
(3A) The Full Bench must, on application, grant to a Minister of Victoria,
on behalf of the Government of Victoria, leave to intervene in the following
cases:
(a) an appeal against a decision of a member of the Commission made under
section 170MW in relation to a bargaining period for negotiating a proposed
agreement if one or more of the employees to be covered by the proposed
agreement is an employee in Victoria;
(b) an appeal against a decision of a member of the Commission made under
section 501.
2 Subsection 86(1)
Repeal the subsection, substitute:
Purpose for which powers of inspectors can be exercised
(1) The powers of an inspector under this section may be exercised for the
purpose of ascertaining whether awards and certified agreements, and the
requirements of this Act, are being, or have been, observed.
Powers of inspectors
(1A) The powers of an inspector are:
(a) to, without force, enter:
(i) premises on which the inspector has reasonable cause to believe that
work to which an award or certified agreement applies is being or has been
performed; or
(ii) a place of business in which the inspector has reasonable cause to
believe that there are documents relevant to the purpose set out in
subsection (1); and
(b) on premises or in a place referred to in paragraph (a):
(i) to inspect any work, material, machinery, appliance, article or
facility; and
(ii) as prescribed, to take samples of any goods or substances;
and
(iii) to interview any employee; and
(iv) to require a person having the custody of, or access to, a document
relevant to that purpose to produce the document to the inspector within a
specified period; and
(v) to inspect, and make copies of or take extracts from, a document
produced to him or her; and
(c) to require a person, by notice, to produce to the inspector a document
relevant to the purpose set out in subsection (1).
When may the powers be exercised?
(1B) An inspector may exercise the powers in subsection (1A) at any
time during ordinary working hours or at any other time at which it is necessary
to do so for the purpose set out in subsection (1).
3 Subsection 86(2)
Omit “subparagraph (1)(b)(iv)”, substitute
“subparagraph (1A)(b)(iv)”.
4 Subsection 86(3)
Omit “subsection (2)”, substitute
“paragraph (1A)(c) or subsection (2)”.
5 After subsection 86(4)
Insert:
Notices under paragraph (1A)(c)
(4A) The notice referred to in paragraph (1A)(c) must:
(a) be in writing; and
(b) be served on the person; and
(c) require the person to produce the document at a specified place within
a specified period of not less than 14 days.
Service may be effected by sending the notice to the person’s fax
number.
Person must produce document even if it may incriminate
them
(4B) A person is not excused from producing a document under
paragraph (1A)(c) on the ground that the production of the document may
tend to incriminate the person.
Limited use immunity for documents produced
(4C) If an individual produces a document under paragraph (1A)(c),
the document produced and any information or thing (including any document)
obtained as a direct or indirect consequence of the production of the document
is not admissible in evidence against the individual in any criminal proceedings
unless it is proceedings for an offence against section 305.
6 At the end of
section 86
Add:
Extended meaning of award
(6) In this section, a reference to an award includes a
reference to a contract of employment with an employee in Victoria (other than
an employment agreement). The terms of the award, in this case, are taken to be
the minimum terms and conditions of employees in Victoria applicable under
subsection 500(1).
Definitions used in this section
(7) In this section:
employee in Victoria has the same meaning as the term
employee has in section 489.
employment agreement has the same meaning it has in
section 489.
7 After subsection 170MW(1)
Insert:
(1A) The Commission must, on application, grant to a Minister of Victoria,
on behalf of the Government of Victoria, leave to intervene in proceedings under
subsection (1) if one or more of the employees to be covered by the
proposed agreement is an employee in Victoria.
8 Section 305
Omit “86(1)(b)(iv)”, substitute “86(1A)(b)(iv), paragraph
86(1A)(c)”.
9 At the end of subsection
501(1)
Add:
Note: See also section 501A.
10 After subsection 501(2)
Insert:
(2A) The Commission must, on application, grant to a Minister of Victoria,
on behalf of the Government of Victoria, leave to intervene in proceedings under
subsection (1).
11 After section 501
Insert:
(1) For the purposes of Schedule 1A, the Commission may, by order,
determine that the Supported Wage System applies to the employment of employees
within a work classification.
Note: The Supported Wage System was endorsed by the
Commission in the Full Bench decision dated 10 October 1994 (print
L5723).
(2) If the Commission makes an order under subsection (1), the
minimum wage for the purposes of Schedule 1A for employees whose wages are
set under the Supported Wage System is the supported wage rate worked out in
accordance with the Supported Wage System and not the relevant minimum wage
otherwise applicable to those employees under paragraph 1(1)(c) of that
Schedule.
(3) If the Supported Wage System requires a supported wage rate to be
worked out by reference to another wage rate, then, for the purposes of
subsection (2), the supported wage rate is to be worked out by reference to
the minimum wage that would otherwise apply to those employees under paragraph
1(1)(c) of Schedule 1A.
(4) The Commission may only make an order under subsection (1) on
application by:
(a) an employee, or group of employees, within the work classification;
or
(b) an employer of such an employee or group of employees; or
(c) the Minister; or
(d) an organisation that is entitled to represent the industrial interests
of one or more of the employees within the work classification; or
(e) an organisation of which an employer of employees within the work
classification is a member.
12 Subsection 502(1)
After “subsection 501(2)”, insert “or
501A(2)”.
13 After subsection 502(5)
Insert:
(5A) The Commission must, on application, grant to a Minister of Victoria,
on behalf of the Government of Victoria, leave to intervene in proceedings under
subsection (5).
14 Section 503
After “section 501”, insert “or
501A”.
15 Subsection 506(2)
Repeal the subsection, substitute:
(2) Subject to sections 507 and 508, if a contract of employment,
other than an employment agreement, with an employee in Victoria does not at any
time comply with a minimum term or condition of employment applicable under
subsection 500(1), sections 178 and 179 apply as if that minimum term or
condition were a term of an award binding the parties to the contract.
(3) Subsection (2) does not imply that an employee who is a party to
an agreement referred to in that subsection may not take proceedings in an
eligible court to recover money owed under the contract of employment as if the
contract of employment did comply with that minimum term or condition of
employment.
Note: The heading to section 506 is omitted and the
following heading substituted “Penalties and recovery of
wages—application of sections 178 and 179 to Victorian
employees”.
16 At the end of Subdivision B of
Division 3 of Part XV
Add:
(1) If a contract of employment with an employee in Victoria (other than
an employment agreement) does not contain provision for the standing-down of
employees who cannot be usefully employed because of any strike, breakdown of
machinery or any stoppage of work for any cause for which the employer cannot
reasonably be held responsible, the contract is taken to include the provision
mentioned in subsection (2).
(2) The provision is that:
(a) the employer may deduct payment for any part of a day during which an
employee cannot usefully be employed because of any strike, breakdown of
machinery or any stoppage of work for any cause for which the employer cannot
reasonably be held responsible; and
(b) this does not break the continuity of employment of the employee for
the purpose of any entitlements.
17 Heading to Subdivision D of Division 3
of Part XV
Repeal the heading, substitute:
18 Section 514
Repeal the section, substitute:
(1) This section applies to persons who are employees in Victoria and who
are not employed under an award, a certified agreement or an AWA.
(2) The regulations may make provision in relation to:
(a) the making and retention by employers of records relating to the
employment of persons who are employees to whom this section applies;
and
(b) the inspection of such records.
(3) The regulations may require employers of persons who are employees to
whom this section applies to issue pay slips to those persons at such times, and
containing such particulars, as are prescribed.
Note: The requirements concerning the making and keeping of
records and the issuing of pay slips in relation to persons who are employees in
Victoria but who are covered by awards, certified agreements or AWAs are to be
found in section 353A.
19 Section 532
Repeal the section.
20 At the end of
section 533
Add:
(4) A person is not entitled to apply for an order under this section in
respect of a breach of a minimum term or condition of employment applicable
under subsection 500(1) if the person has already sought a penalty under
section 178 (as that section applies under section 506) in respect of
that breach.
21 Paragraphs 1(1)(a) and (b) of
Schedule 1A
Repeal the paragraphs, substitute:
(a) except in the case of an employee engaged in casual work—paid
annual leave for each year worked (see clause 1A for the calculation of the
number of hours of annual leave and further details about taking this
leave);
(b) except in the case of an employee engaged in casual work—paid
personal leave (see clauses 1B to 1D for the calculation of personal leave
and further details about taking this leave);
(ba) except in the case of an employee engaged in casual work—paid
bereavement leave (see clause 1E for the details about taking this
leave);
22 Paragraph 1(1)(c) of
Schedule 1A
Before “the greater of”, insert “unless
paragraph (ca) applies—”.
23 After paragraph 1(1)(c) of
Schedule 1A
Insert:
(ca) if the employee’s wages are set under the Supported Wage
System—the supported wage rate for the employee worked out in accordance
with the Supported Wage System;
24 At the end of subclause 1(1) of
Schedule 1A
Add:
; (f) if an employee works in excess of 38 hours in a working
week—to be paid for the excess hours at the hourly rate set out in
subclause (3).
25 At the end of clause 1 of
Schedule 1A
Add:
Rate of pay for hours in excess of 38
(3) Unless an employee and employer agree to a higher hourly rate of pay,
the rate of pay for hours that an employee works in excess of 38 hours in a
working week is the hourly rate for the work classification of the employee
applicable under section 501 or 501A.
26 At the end of Part 1 of
Schedule 1A
Add:
Calculation of annual leave
(1) To work out the number of hours of annual leave that an employee is
entitled to:
(a) first, work out the number of ordinary hours the employee worked in
the year, or part of the year, as the case may be; and
(b) second, divide that number by 48; and
(c) third, multiply that number of hours by 4.
Rules about annual leave
(2) Annual leave:
(a) accrues on a pro-rata basis and is cumulative; and
(b) is credited on the anniversary of the employee’s employment;
and
(c) counts as service for all purposes; and
(d) is to be paid at the employee’s ordinary hourly rate of pay;
and
(e) is to be paid when the employee takes annual leave or leaves his or
her employment, as the case may be; and
(f) must be taken within 12 months after the end of the year in which it
accrued unless the employee and the employer have agreed otherwise;
and
(g) must be taken by an employee when directed to take it by the employer,
if the employer directs the employee to do so because the employer shuts down
his or her business for a period.
When personal leave may be used
(1) Subject to clauses 1C and 1D, an employee is entitled to paid
personal leave when he or she is absent from work in the following
circumstances:
(a) due to personal illness or injury (sick
leave);
(b) for the purposes of caring for a member of the employee’s
immediate family or member of the employee’s household who is sick and
requires the employee’s care and support (carer’s
leave).
Note: For immediate family see
clause 1F.
When personal leave is to be paid
(2) Personal leave is to be paid when an employee takes personal
leave.
Accrual of personal leave credit
(3) An employee accrues personal leave as follows:
(a) if the employee has worked for the employer for less than 12
months—one day for each completed 6 weeks;
(b) if the employee has worked for the employer for 12 months or
more—8 days for each year.
Employees who work part-time accrue personal leave on a pro-rata
basis.
Accumulation of personal leave
(4) At the end of each year of employment, an employee’s unused
personal leave accrues by the lesser of:
(a) 8 days; or
(b) the balance of the employee’s unused personal leave.
Employee’s responsibilities
(1) An employee’s entitlement to sick leave is conditional on the
employee promptly notifying the employer of:
(a) any illness or injury that will cause him or her to be absent from
work; and
(b) the approximate period of that absence.
Employer may require medical certificate etc.
(2) If required by the employer, an employee who takes sick leave must
establish by producing a medical certificate or making a statutory declaration
that he or she was unable to work because of injury or personal
illness.
Post sick leave payment
(3) After the first 5 months of service, an employee must be paid for any
sick leave taken during that period to which he or she was not entitled, due to
insufficient service, up to a maximum of 4 days.
Sick leave and workers’ compensation
(4) An employee is not entitled to take sick leave during any period for
which he or she is receiving compensation payable under a law relating to
workers’ compensation.
Up to 5 days’ personal leave may be taken as carer’s
leave
(1) An employee is entitled to use up to 5 days’ personal leave each
year to care for a member of his or her immediate family or a member of his or
her household who is ill and requires the employee’s care and support.
However, an employee is not entitled to take carer’s leave for a
particular period if another person has taken leave to care for the person for
the same period.
Employee’s responsibility
(2) An employee’s entitlement to carer’s leave is conditional
on the employee promptly notifying the employer of his or her inability to
attend for duty.
Employer may require medical certificate etc.
(3) If required by the employer, an employee who takes carer’s leave
must establish by producing a medical certificate, or making a statutory
declaration:
(a) the nature of the illness of the person cared for; and
(b) the need of that person for care and support by another
person.
(1) An employee is entitled to take up to 2 days’ paid bereavement
leave on the death of a member of the employee’s immediate family or
household. The 2 days need not be consecutive.
Note: For immediate family see
clause 1F.
(2) The employee must give the employer such evidence of the death as the
employer reasonably requires.
In this Part:
de facto spouse, in relation to an employee, means a person
of the opposite sex to the employee who lives with the employee as his or her
husband or wife on a bona fide domestic basis.
immediate family, in relation to an employee,
includes:
(a) a spouse of the employee (including a former spouse, a de facto spouse
and a former de facto spouse); and
(b) a child (including an adopted child, a step-child or an ex-nuptial
child), parent, grandparent, grandchild or sibling of the employee or spouse of
the employee.
Part 2—Application
and saving provisions
27 Definition
In this Part:
Principal Act means the Workplace Relations Act
1996.
28 Application of
item 1
The amendment of the Principal Act made by item 1 applies
to:
(a) appeals to the Full Bench instituted under section 45 of the
Principal Act but not determined before the commencement of that item;
and
(b) appeals to the Full Bench under that section instituted on or after
that commencement.
29 Application of
item 7
The amendment of the Principal Act made by item 7 applies
to:
(a) applications made under section 170MW of the Principal Act but
not determined as at the commencement of that item; and
(b) applications made under that section on or after that
commencement.
30 Application of
item 10
The amendment of the Principal Act made by item 10 applies
to:
(a) applications made under section 501 of the Principal Act but not
determined as at the commencement of that item; and
(b) applications made under that section on or after that
commencement.
31 Application of
item 13
The amendment of the Principal Act made by item 13 applies
to:
(a) proceedings before the Full Bench under section 502 of the
Principal Act but not determined as at the commencement of that item;
and
(b) proceedings referred to the Full Bench under that section on or after
that commencement.
32 Application of
item 15
The amendment of the Principal Act made by item 15 applies only in
relation to a breach of a minimum term or condition of employment applicable to
an employee under subsection 500(1) of that Act if that breach occurs on or
after the commencement of that item.
33 Saving provision in relation to certain
regulations made for the purposes of sections 353A and 514 of the Principal
Act
(1) Any regulations made for the purposes of section 353A of the
Principal Act and dealing with record keeping in relation to employees covered
by an employment agreement (within the meaning of Part XV) that are in
force immediately before the commencement of items 17, 18 and 19 continue
in force, on and after that day, as if they were regulations made to deal with
that matter for the purposes of subsection 514(2) of that Act as amended by
those items.
(2) Any regulations made for the purposes of section 514 of the
Principal Act that are in force immediately before the commencement of
item 18 continue in force, on and after that day, as if they were
regulations made for the purposes of subsection 514(3) of that Act as amended by
that item.
34 Application of items 21 and
26—annual leave
(1) The amendments of the Principal Act made by items 21 and 26
(except the insertion of clause 1E of Schedule 1A) apply to the
calculation of an employee’s annual leave in respect of:
(a) the first year of the employee’s employment that commences on or
after the commencing day; and
(b) each subsequent year of the employee’s employment.
(2) For the purpose of the application of subitem (1) to an employee
engaged before the commencing day and continuing in that employment on that day,
the reference in paragraph (1)(a) to the first year of the employee’s
employment that commences after the commencing day is a reference to the year
commencing on the first anniversary of that engagement occurring on or after
that day.
(3) The rule in subitem (1) applies even if an employee only works
part of a year.
(4) To avoid doubt, the amendments made by items 21 and 26 do not
affect any annual leave accumulated by an employee under Schedule 1A of the
Principal Act before the commencing day.
(5) In this item:
commencing day means the day that items 21 and 26 of
this Schedule commence.
35 Application of items 21 and
26—personal leave
(1) The amendments of the Principal Act made by items 21 and 26
(except the insertion of clause 1E of Schedule 1A) apply to:
(a) the calculation of an employee’s personal leave in respect
of:
(i) the first year of the employee’s employment that commences on or
after the commencing day; and
(ii) each subsequent year of the employee’s employment;
and
(b) personal leave taken on or after the commencing day.
(2) For the purpose of the application of paragraph (1)(a) to an
employee engaged before the commencing day and continuing in that employment on
that day, the reference in subparagraph (1)(a)(i) to the first year of the
employee’s employment that commences after the commencing day is a
reference to the year commencing on the first anniversary of that engagement
occurring on or after that day.
(3) The rule in paragraph (1)(a) applies even if an employee only
works part of a year.
(4) Any sick leave accumulated by an employee under paragraph 1(1)(b) of
Schedule 1A as in force immediately before the commencing day is taken to
be personal leave accumulated by the employee as at the commencing
day.
(5) In this item:
commencing day means the day that items 21 and 26 of
this Schedule commence.
36 Bereavement leave
Clause 1E of Schedule 1A to the Principal Act applies in relation
to deaths that occur on or after the commencement of item 26.
Part 1—Amendment
of the Workplace Relations Act 1996
1 Subsection 86(1)
After “this Act”, insert “other than
section 541”.
2 Section 305
After “subsection 86(2)”, insert “or subparagraph
542(2)(b)(iv), paragraph 542(2)(c) or subsection 542(4)”.
3 After Part XV
Insert:
The object of this Part is to ensure that an individual who is an
outworker other than an employee performing work in Victoria in the textile,
clothing or footwear industry is paid not less than the amount he or she would
have been entitled to be paid for performing the same work as an
employee.
In this Part:
contract outworker means an individual who:
(a) is a party to a contract for services; and
(b) performs work under it for another party or parties to the
contract.
court of competent jurisdiction means:
(a) a District, County or Local Court; or
(b) a magistrates court.
employee has the same meaning as in Part XV.
Without affecting its operation apart from this section, this Part
applies where a person who is a party to a contract for services is a
constitutional corporation.
Without affecting its operation apart from this section, this Part
applies where work is contracted to be performed under a contract for services
in the course of, or in relation to, trade or commerce:
(a) between Australia and a place outside Australia; or
(b) between the States; or
(c) within a Territory; or
(d) between a State and a Territory; or
(e) between 2 Territories.
(1) To the extent that work performed under and in accordance with a
contract for services to which a contract outworker is a party is work
that:
(a) is performed by:
(i) the contract outworker; or
(ii) one or more other individuals who are not parties to the contract;
and
(b) satisfies the criteria in subsection (2);
a person who is obliged under the contract to pay for the work performed
must pay the contract outworker and each other individual not less than the
statutory amount calculated under subsection (3) or (5) (as appropriate)
for his or her work.
(2) The criteria are:
(a) the work is performed in Victoria; and
(b) the work comprises packing, processing or otherwise working on
articles or materials for the textile, clothing or footwear industry;
and
(c) the work is performed in or about:
(i) private residential premises; or
(ii) premises that are not business or commercial premises of anyone who
is obliged under the contract to pay for the work performed.
(3) The statutory amount owed to the contract outworker and
each other individual is the amount that he or she would have been entitled to
be paid because of clause 1 of Schedule 1A for the work mentioned in
subsection (1) if he or she had performed the work as an employee in or
about any premises in Victoria. This subsection is subject to
subsection (5).
(4) For the purposes of subsection (3), disregard provisions in
clause 1 of Schedule 1A that deal with paid leave.
(5) The statutory amount owed to a contract outworker or
other individual who holds a certificate in force under section 509 is the
amount (worked out by reference to the minimum rate of pay specified in the
certificate) that he or she would have been entitled to be paid if he or she had
performed the work as an employee in or about any premises in
Victoria.
(6) A person may discharge an obligation under subsection (1) to pay
an amount to an individual other than a contract outworker by paying the amount
to the contract outworker on behalf of the individual.
(7) To avoid doubt, the obligation imposed by subsection (1) on a
person to pay not less than the statutory amount for work performed under a
contract for services does not apply to that person to the extent that the
obligation relates to work performed under another contract for
services.
Example: A person (the head contractor) enters
into a contract for services with a contract outworker under which the contract
outworker is to make shirts. If the contract outworker subcontracts some of that
work to other contract outworkers and agrees to pay them for that work, it is
the subcontractor who is subject to the obligation in subsection (1) and
not the head contractor.
Purpose for which powers of inspectors can be exercised
(1) The powers of an inspector under this section may be exercised for the
purpose of ascertaining whether section 541 is being, or has been,
observed.
Powers of inspectors
(2) The powers of an inspector are:
(a) to, without force, enter:
(i) premises on which the inspector has reasonable cause to believe that
work to which section 541 applies is being or has been performed;
or
(ii) a place of business in which the inspector has reasonable cause to
believe that there are documents relevant to the purpose set out in
subsection (1); and
(b) on premises or in a place referred to in paragraph (a):
(i) to inspect any work, material, machinery, appliance, article or
facility; and
(ii) as prescribed, to take samples of any goods or substances;
and
(iii) to interview any person; and
(iv) to require a person having the custody of, or access to, a document
relevant to that purpose to produce the document to the inspector within a
specified period; and
(v) to inspect, and make copies of or take extracts from, a document
produced to him or her; and
(c) to require a person, by notice, to produce to the inspector a document
relevant to the purpose set out in subsection (1).
When may the powers be exercised?
(3) An inspector may exercise the powers in subsection (2) at any
time during ordinary working hours or at any other time at which it is necessary
to do so for the purpose set out in subsection (1).
(4) If a person who is required under subparagraph (2)(b)(iv) to
produce a document contravenes the requirement, an inspector may, by written
notice served on the person, require the person to produce the document at a
specified place within a specified period (not being less than 14
days).
(5) Where a document is produced to an inspector under
paragraph (2)(c) or subsection (4), the inspector may:
(a) inspect, and make copies of or take extracts from, the document;
and
(b) retain the document for such period as is necessary for the purpose of
exercising powers or performing functions as an inspector.
(6) During the period for which an inspector retains a document, the
inspector must permit the person otherwise entitled to possession of the
document, or a person authorised by the person, to inspect, and make copies of
or take extracts from, the document at all reasonable times.
Notices under paragraph (2)(c)
(7) The notice referred to in paragraph (2)(c) must:
(a) be in writing; and
(b) be served on the person; and
(c) require the person to produce the document at a specified place within
a specified period of not less than 14 days.
Service may be effected by sending the notice to the person’s fax
number.
Person must produce document even if it may incriminate
them
(8) A person is not excused from producing a document under
paragraph (2)(c) on the ground that the production of the document may tend
to incriminate the person.
Limited use immunity for documents produced
(9) If an individual produces a document under paragraph (2)(c), the
document produced and any information or thing (including any document) obtained
as a direct or indirect consequence of the production of the document is not
admissible in evidence against the individual in any criminal proceedings unless
it is proceedings for an offence against section 305.
(10) If an inspector proposing to enter, or being on, premises is required
by the occupier to produce evidence of authority, the inspector is not entitled
to enter or remain on the premises without producing to the occupier the
inspector’s identity card.
(1) If a person breaches subsection 541(1), a penalty may be imposed by
the Court or a court of competent jurisdiction.
(2) Subject to subsection (3), if:
(a) 2 or more breaches of subsection 541(1) are committed by the same
person; and
(b) the breaches arose out of a course of conduct by the person;
the breaches are taken for the purposes of this section to constitute a
single breach of that subsection.
(3) Subsection (2) does not apply in relation to a breach of
subsection 541(1) that is committed by the person after a court has imposed a
penalty on the person for an earlier breach of that subsection.
(4) The maximum penalty that may be imposed under subsection (1) for
a breach of subsection 541(1) is:
(a) $10,000 for a body corporate; or
(b) $2,000 in other cases.
(5) A penalty for a breach of subsection 541(1) may be sued for and
recovered by:
(a) an inspector; or
(b) an individual to whom the obligation concerned was owed.
(6) If, in a proceeding against a person under this section, it appears to
the court that an individual has not been paid an amount that the person was
required to pay, the court may order the person to pay to the individual the
amount of the underpayment.
(7) An order must not be made under subsection (6) in relation to so
much of an underpayment as relates to any period more than 6 years before the
commencement of the proceeding.
(8) A proceeding under this section in relation to a breach of subsection
541(1) must be commenced not later than 6 years after the commission of the
breach.
If a person is required by subsection 541(1) to pay an amount to an
individual, the individual may sue for the amount of the payment in the Court or
in any court of competent jurisdiction not later than 6 years after the person
was required to make the payment to him or her.
(1) In exercising its powers under section 543 or in a proceeding
under section 544, the Court or a court of competent jurisdiction must, on
application:
(a) order that there be included in the sum for which an order is made or
judgment given, interest at such rate as the Court or court of competent
jurisdiction (as the case requires) thinks fit on all or any part of the money
for all or any part of the period between the date when the cause of action
arose and the date on which the order is made or judgment entered; or
(b) without proceeding to calculate interest in accordance with
paragraph (a), order that there be included in the sum for which an order
is made or judgment given, a lump sum instead of any such interest.
(2) Subsection (1) does not:
(a) authorise the giving of interest on interest or of a sum instead of
such interest; or
(b) apply in relation to any debt on which interest is payable as of right
whether by virtue of an agreement or otherwise; or
(c) authorise the giving of interest, or a sum instead of interest, except
by consent, on any sum for which judgment is given by consent.
(3) Subsection (1) does not apply if good cause is shown to the
contrary.
A debt under a judgment or order of a court of competent jurisdiction
made under section 543 or 544 carries interest from the date on which the
judgment is entered or order made at such rate as would apply under
section 52 of the Federal Court of Australia Act 1976 if the debt
were a judgment debt to which that section applies.
(1) An action started by a person under section 544 in a magistrates
court is to be dealt with in accordance with this section if the person
indicates, in a manner prescribed by the regulations or by rules of court
relating to that court, that he or she wants a small claims procedure to
apply.
(2) The procedure is governed by the following conditions:
(a) the court may not award an amount exceeding $5,000 or such higher
amount as is prescribed;
(b) the court may act in an informal manner, is not bound by any rules of
evidence, and may act without regard to legal forms and
technicalities;
(c) at any stage of the action, the court may amend the papers initiating
the action if sufficient notice is given to any party adversely affected by the
amendment;
(d) a person is not entitled to be represented by counsel or solicitor
unless the court permits;
(e) if the court permits a party to be represented by counsel or
solicitor, the court may, if it thinks fit, do so subject to conditions designed
to ensure that no other party is unfairly disadvantaged.
(3) If the case is heard in a court of a Territory, the regulations may
(despite paragraphs (2)(d) and (e)) prohibit or restrict legal
representation of the parties.
(4) Despite paragraphs (2)(d) and (e), if:
(a) the case is heard in a court of a State; and
(b) in a particular proceeding in that court (whatever the nature of the
proceeding), the law of the State prohibits or restricts legal representation of
the parties;
regulations made under this Act may prohibit or restrict legal
representation of the parties to the same extent as that law.
(1) If a court has:
(a) imposed a monetary penalty under this Part (other than a penalty for
an offence); or
(b) under subsection 543(6), ordered the payment of an amount;
or
(c) ordered the payment of costs or expenses;
a certificate signed by a registrar, specifying the amount payable and by
whom and to whom respectively it is payable, may be filed in the Court or in any
other court of competent jurisdiction.
(2) A certificate filed in a court under subsection (1) is
enforceable in all respects as a final judgment of the court in which it is
filed.
(3) If there are 2 or more creditors under a certificate, process may be
issued separately by each creditor for the enforcement of the certificate as if
there were separate judgments.
(1) The regulations may make provision in relation to:
(a) the making of outworker records by a person who is a party to a
contract for services and who is subject to an obligation under subsection
541(1); and
(b) the making of outworker records by a contract outworker who is a party
to a contract for services and to whom an obligation is owed under subsection
541(1) in relation to the contract; and
(c) the inspection of records mentioned in paragraphs (a) and (b);
and
(d) the giving of records mentioned in paragraphs (a) and (b) (or a
copy of them) by a party to the contract concerned to one or more other parties
to the contract; and
(e) the retention of outworker records by parties to the contract
concerned.
(2) In subsection (1):
outworker records, in relation to a contract for services,
means records relating to the contract to the extent that work to be performed
under the contract meets the criteria in subsection 541(2).
4 Application of amendments made by
Part 1
The amendments made by Part 1 of this Schedule apply to work performed
after the commencement of item 3 under a contract for services whether or
not the contract was entered into before or after that commencement.