Victorian Numbered Acts Victorian Numbered Acts(1) An employer must not make any deductions from an employee's wages unless—
(a) the employer—
(i) has received a valid written authorisation from the employee in accordance with section 8; and
(ii) has made the deduction in accordance with the employee's written instructions as set out in the authorisation; and
(iii) if subsection (2) applies, has complied with that subsection; or
(b) the employer is required or authorised by law, court order or an industrial instrument to make the deduction.
Note
A deduction from an employee's pay by a public sector employer in respect of trade union or other association fees may, in addition to this Act, only be made if the Minister has approved the deduction in writing: see section 4 of the Public Sector (Union Fees) Act 1992 .
(2) Before any deductions proposed on the initiative of the employer or that are for the direct or indirect financial benefit of the employer or a related party of the employer are authorised by the employee in accordance with section 8, an employer must inform the employee in writing of the following—
(a) the reason for the proposed deduction;
(b) the identity of the person in whose favour the proposed deduction is to be made;
(c) subject to section 8, the amount of the proposed deduction;
(d) whether it is proposed to be a single deduction or a multiple deduction;
(e) the date or dates or period during which the employer will make the proposed deduction.
(3) Subsection (2) does not apply if the deduction is of a type prescribed by the regulations for the purposes of this subsection.
(4) An employee may withdraw an authorisation to make a deduction at any time by notifying the employer in writing and the employer must stop making the deduction as soon as practicable after receiving the employee's written notification.
(5) Nothing in this Act requires an employer to agree to make a deduction authorised to be made by an employee in accordance with section 8 unless the employer is otherwise required by law, court order or an industrial instrument to do so.
(6) This section does not apply to a deduction made under section 56 of the Financial Management Act 1994 or section 26 of the Parliamentary Administration Act 2005 .