Victorian Numbered Acts

OWNER DRIVERS AND FORESTRY CONTRACTORS ACT 2005 (NO 49 OF 2005) - SECT 21

    (1)     The minimum period of notice of termination of an engagement is as set out in the following table.

Category         of contractor	Minimum notice period
Forestry contractor	3 months
Owner driver of heavy vehicle	3 months
Other owner driver	1 month

    (2)     Sub-section (1) does not apply to an engagement if—

        (a)     at the contractor's request, the Small Business Commissioner certifies in writing that he or she, or a person acting on his or her behalf, has explained to the contractor—

              (i)     the effect of sub-section (1); and

              (ii)     that the giving of the certificate and the giving by the contractor of a notice under paragraph (b) will result in sub-section (1) not applying to the engagement; and

        (b)     after having been given a certificate under paragraph (a), the contractor gives the hirer a written notice waiving the application of sub-section (1) to the engagement.

    (3)     The Small Business Commissioner must issue a certificate under sub-section (2)(a) within 21 days after being requested to do so by the contractor, but a certificate issued later than that is not invalid only because of that fact.

    (4)     Sub-section (1) does not apply to—

        (a)     termination of the engagement by the hirer on the ground of serious and wilful misconduct; or

        (b)     termination of the engagement by the contractor on the ground of a material breach of contract by the hirer; or

        (c)     an ongoing engagement for a period of less than 3 months.

    (5)     Nothing in this section prevents persons entering a regulated contract under which notice of termination may not be given before a specified date.