Magistrates' Court (Outworkers) Rules 2016
S.R. No. 41/2016
table of provisions
RulePage
RulePage
1Objective
2Authorising provisions
3Commencement
4Revocation
5Magistrates' Court General Civil Procedure Rules2010 do not apply
6Application for order to waive requirement to give notice—Form 1
7Application for permit—Form 2
8Application for revocation of permit—Form 3
9Notice
10Hearing date for application under section 46
11Court may fix new date
Form1—Application for order
Form2—Application for issue of permit
Form3—Application for revocation ofpermit
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Endnotes
1
statutory rules 2016
S.R. No. 41/2016
1
Magistrates' Court Act 1989
1
Magistrates' Court (Outworkers) Rules 2016
1
Magistrates' Court (Outworkers) Rules 2016
S.R. No. 41/2016
The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:
1Objective
The objective of these Rules is to make provision for applications to the Court under Division 2 of Part4 of the Outworkers (Improved Protection) Act 2003.
2Authorising provisions
These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers.
3Commencement
These Rules come into operation on 5June 2016.
4Revocation
The Magistrates' Court (Outworkers) Rules 2006[1] are revoked.
5Magistrates' Court General Civil Procedure Rules2010 do not apply
The Magistrates' Court General Civil Procedure Rules 2010[2] do not apply to any application referred to in these Rules.
6Application for order to waive requirement to give notice—Form 1
An application to the Court under section44(1) ofthe Outworkers (Improved Protection) Act2003 for an order must be in Form 1.
7Application for permit—Form 2
An application to the Court under section45 ofthe Outworkers (Improved Protection) Act2003 for a permit to be issued must be in Form2.
8Application for revocation of permit—Form 3
An application to the Court under section46 ofthe Outworkers (Improved Protection) Act2003 for a permit to be revoked must be in Form3.
9Notice
The applicant must serve a copy of an applicationunder section46 of the Outworkers (Improved Protection) Act 2003 on the holder ofthe permit who is the subject of the application within a reasonable time before the date fixed forthe hearing of the application.
10Hearing date for application under section 46
The registrar must fix a date for the hearing of an application under section46 of the Outworkers (Improved Protection) Act 2003 that is no later than 28days after the application has been filed in the Court.
11Court may fix new date
The Court mayfix a new date for the hearing ofan application under section 46 of the Outworkers (Improved Protection) Act 2003that is before or after the date fixed by the registrar under Rule 10.An application for the fixing of a new date may be made before, on or after the date fixed by the registrar under Rule 10.
Form1—Application for order
Rule 6
Application for Order
Outworkers (Improved Protection) Act 2003
Section 44(1)
TO: The Registrar of the Magistrates' Court at [venue]
1.I [name of applicant] of [address], an officer/*employeeof the [name ofUnion] hold a permit that was issued under section 45 of the Outworkers (Improved Protection) Act 2003 by theMagistrates' Court at[venue]on [date]. The permit remains in force.
2.Pursuant to section 44(1) of that Act, I apply for the following orders—
[hereset out details of the orders being sought, e.g. that the Court order that the requirement to give[name of occupier of premises] notice of my intention to enter premises at [address of premises] on [date] be waived].
Dated:
[Signed]
Signature of applicant
*Delete if inapplicable
HEARING OF APPLICATION
This application will be heard by the Court at [venue] on [date].
[Signed]
Registrar
Form2—Application for issue of permit
Rule 7
Application for Issue of Permit
Outworkers (Improved Protection) Act 2003
Section 45
TO: The Registrar of the Magistrates' Court at [venue]
I [name of applicant] being the secretary of the [name of Union] of [addressof Union], which is a Union as defined in section 40(1) of the Outworkers (Improved Protection) Act 2003, apply for a permit to be issued to [name of officer or employee of the Union] by the Court under section 45 of that Act.
Dated:
[Signed]
Signature of applicant
[Signed]
Registrar
Form3—Application for revocation ofpermit
Rule 8
Application for Revocation of Permit
Outworkers (Improved Protection) Act 2003
Section 46
TO: The Registrar of the Magistrates' Court at [venue]
[Name of employer]
or
[Name of registered organisation of employers]
or
[Name of information services officer]
applies for a permit issued by the Court under section 45 of the Outworkers (Improved Protection) Act 2003 to [name of permit holder] to be revoked.
GROUNDS FOR APPLICATION
The grounds for the application are—
[set out grounds—an application to revoke a permit must set out the grounds on which the application is made—refer to section 46(2) of the Outworkers (Improved Protection) Act 2003].
HEARING OF APPLICATION
This application will be heard by the Court at [venue] on [date].
[Signed]
Registrar
Dated:4 May 2016
PETER LAURITSEN,
Chief Magistrate
LANCE IVAN MARTIN,
Deputy Chief Magistrate
JELENAPOPOVIC,
Deputy Chief Magistrate
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Endnotes
Magistrates' Court (Outworkers) Rules 2016
S.R. No. 41/2016
Endnotes
1
[1] Rule 4: S.R. No. 69/2006 as amended by S.R. No. 123/2011.
[2] Rule 5: S.R. No. 140/2010. Reprint No. 2 as at 1 February 2015.Reprintedto S.R. No. 3/2015. Subsequently amended by
S.R. Nos 163/2015, 164/2015 and 17/2016.