Commonwealth Numbered Regulations - Explanatory Statements

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WORKPLACE RELATIONS AMENDMENT REGULATIONS 2002 (NO. 3) 2002 NO. 337

Statutory Rules 2002 No. 337

Issued by the authority of the Minister for Employment and Workplace Relations

Workplace Relations Act 1996

Workplace Relations Amendment Regulations 2002 (No. 3)

Section 359 of the Workplace Relations Act 1996 (the Act) provides that the GovernorGeneral may make regulations prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Subsection 83BB(1) of the Act provides for the functions of the Employment Advocate. A list of functions is set out in paragraphs 83BB(1)(a) to (i). Paragraph 83BB(1)(j) provides for other functions prescribed by the regulations.

These Regulations insert a new Regulation into the Workplace Relations Regulations 1996 which will confer a new function on the Employment Advocate. This additional function is to provide free legal representation to a party to a proceeding if, in the opinion of the Employment Advocate, the proceedings relate, or are likely to relate, to the application or operation of Part VID or Part XA of the Act, which concern Australian workplace agreements and freedom of association respectively. The Employment Advocate has to be of the opinion that it would be appropriate to give the assistance.

Pursuant to paragraph 83BB(1)(g) of the Act, the Employment Advocate may provide free legal representation to a party in a proceeding under Part VID or Part XA of the Act if the Employment Advocate considers it would promote the enforcement of the provisions of Part VID and Part XA. Paragraph 83BB(1)(g) does not extend to a proceeding that is not brought under Part VID or Part XA even though issues relating to the interpretation or operation of the relevant Part arises in the course of proceedings; for example, as a defence to an action.

Details of the Regulations are set out in the Attachment.

The Regulations commence on gazettal.

ATTACHMENT

WORKPLACE RELATIONS AMENDMENT REGULATIONS 2002 (No. 3)

Regulation 1: Name of Regulations

Regulation 1 sets out the name of the regulations.

Regulation 2: Commencement

Regulation 2 provides that the regulations commence on gazettal.

Regulation 3: Amendment of Workplace Relations Regulations 1996

Regulation 3 is a formal provision, which provides that the Workplace Relations Regulations 1996 are amended as set out in Schedule 1.

Schedule 1: Amendment

Item 1: Section 8AA

Subsection 83BB(1) of the Workplace Relations Act 1996 (the Act) provides for the functions of the Employment Advocate. A list of functions is set out in paragraphs 83BB(1)(a) to (i). Paragraph 83BB(1)(j) provides for other functions prescribed by the regulations.

As provided for by 83BB(1)(j) of the Act, Item 1 of Schedule 1 confers an additional function on the Employment Advocate. This additional function is to provide free legal representation to party to a proceeding if, in the opinion of the Employment Advocate, the proceedings relate, or are likely to relate, to the application or operation of Part VID or Part XA of the Act. The Employment Advocate has to be of the opinion that it would be appropriate to give the assistance.