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05-100a006doc - Workplace Rights Advocate Act 2005

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05-100a006doc - Workplace Rights Advocate Act 2005

    Version No. 006

    Workplace Rights Advocate Act 2005

    No. 100 of 2005

    Version incorporating amendments as at 11 June 2009

    TABLE OF PROVISIONS Section Page

    1 Purpose 1 2 Commencement 1 3 Definitions 1 4 Appointment of Workplace Rights Advocate 2 5 Repealed 2 6 Terms and conditions of appointment 2 7 Acting WRA 3 8 Staff and other assistance 4 9 Delegation 5 10 Ministerial directions 5 11 Reporting 5 11A Final Workplace Rights Advocate report 5 12 Victimisation 6 1315 Repealed 7

    ???????????????

    ENDNOTES 8 1. General Information 8 2. Table of Amendments 9 3. Explanatory Details 10

     i

    Version No. 006

    Workplace Rights Advocate Act 2005

    No. 100 of 2005

    Version incorporating amendments as at 11 June 2009

    The Parliament of Victoria enacts as follows:

     1 Purpose

    The main purpose of this Act is to establish the

    Office of the Workplace Rights Advocate to

    provide information about, and promote and

    monitor the development of, fair industrial

    relations practices in Victoria.

     2 Commencement

     (1) Subject to subsection (2), this Act comes into

    operation on a day or days to be proclaimed.

     (2) If a provision referred to in subsection (1) does

    not come into operation before 1 March 2006, it

    comes into operation on that day.

     3 Definitions

    In this Act

    employer means a person who employs or

    engages a worker to perform work;

    State Services Authority means the State Services

    Authority established by section 37(1) of the

    Public Administration Act 2004;

    worker means a person who performs work under

    a contract, whether a contract of service or a

    contract for services;

    WRA means Workplace Rights Advocate

    appointed under section 4.

    1

    Workplace Rights Advocate Act 2005 No. 100 of 2005 s. 4

     4 Appointment of Workplace Rights Advocate

     (1) There is to be appointed a Workplace Rights

    Advocate.

     (2) The Governor in Council may appoint a person to

    be the Workplace Rights Advocate.

    S. 5 * * * * * repealed by No. 21/2009 s. 3.

     6 Terms and conditions of appointment

     (1) The WRA holds office for a term, not exceeding

    3 years, specified in his or her instrument of

    appointment, and is eligible for reappointment for

    a term not exceeding 3 years.

     (2) The Governor in Council may specify the terms

    and conditions of appointment in the WRA's

    instrument of appointment.

     (3) The WRA is entitled to be paid the remuneration

    and allowances that are fixed from time to time by

    the Governor in Council.

    S. 6(4) (4) The Public Administration Act 2004 (other than substituted by Part 3 of that Act) applies to the WRA in respect No. 80/2006 s. 26(Sch. of the office of WRA. item 117).

     (5) The WRA ceases to hold office if he or she

     (a) becomes an insolvent under administration

    within the meaning of the Corporations Act;

    or

     (b) is convicted of an indictable offence or an

    offence which, if committed in Victoria,

    would be an indictable offence.

    2

    Workplace Rights Advocate Act 2005 No. 100 of 2005 s. 7

     (6) The Governor in Council may remove the WRA

    from office if he or she has refused, neglected or

    failed to carry out his or her duties or has

    demonstrated inefficiency or misbehaviour in

    carrying out his or her duties.

     (7) The WRA may at any time resign by writing

    signed and delivered to the Governor.

     (8) An act or decision of the WRA is not invalid only

    because of a defect or irregularity in, or in

    connection with, his or her appointment.

     7 Acting WRA

     (1) The Minister may appoint an Acting WRA

     (a) during a vacancy in the office of the WRA;

    or

     (b) during any period when the WRA is absent

    or, for any reason, is unable to perform the

    functions of the WRA.

     (2) The Minister may

     (a) appoint an Acting WRA for a period not

    exceeding 6 months;

     (b) determine the terms and conditions of

    appointment of the Acting WRA;

     (c) terminate the appointment of the Acting

    WRA at any time.

     (3) An Acting WRA is entitled to receive the

    remuneration and allowances that the WRA would

    have been entitled to for performing the duties of

    office.

     (4) While a person is acting in the office of the WRA

    in accordance with subsection (1), the Acting

    WRA has all the functions and powers of the

    WRA.

    3

    Workplace Rights Advocate Act 2005 No. 100 of 2005 s. 8

     (5) If a person is acting in the office of the WRA in

    accordance with subsection (1)(b) and the office

    becomes vacant while the person is so acting, that

    person may continue to so act for 6 months after

    the date on which the vacancy occurred unless

     (a) the Minister otherwise directs; or

     (b) the vacancy is filled before the end of that

    period.

     (6) The validity of anything done by or in relation to a

    person purporting to act in the office of the WRA

    under an appointment made under subsection (1)

    shall not be called in question on the ground

    that

    (a) the occasion for his or her appointment had

    not arisen; or

    (b) there is a defect or irregularity in or in

    connection with his or her appointment; or

    (c) the appointment had ceased to have effect; or

     (d) the occasion for him or her to act had not

    arisen or had ceased.

     8 Staff and other assistance

     (1) There may be employed under Part 3 of the

    Public Administration Act 2004 any employees

    that are necessary for the administration of this

    Act or to enable the WRA to perform his or her

    functions and exercise his or her powers.

     (2) The WRA may engage any person to assist him or

    her in the performance of his or her functions and

    the exercise of his or her powers.

    4

Workplace Rights Advocate Act 2005 No. 100 of 2005 s. 9

     9 Delegation S. 9 amended by The WRA, by instrument in writing, may delegate No. 15/2006 s. 19. to any person employed under Part 3 of the Public

    Administration Act 2004 any power under this

    Act or any other Act, other than this power of delegation.

     10 Ministerial directions

    The Minister may give written directions to the WRA about the performance of the functions of the WRA except any functions under this or any other Act that are expressed to be not subject to the Minister's direction or control.

     11 Reporting

     (1) The WRA must, within 3 months after the end of a financial year, submit a report to the Minister relating to the operation and performance of the WRA as if it were an annual report of operations under Part 7 of the Financial Management Act

    1994.

     (2) The Minister must cause the report to be laid before each House of the Parliament on or before 31 October each year or, if a House is not then sitting, on the first sitting day of that House after 31 October.

    S. 11A 11A Final Workplace Rights Advocate report inserted by No. 21/2009 (1) The Secretary to the Department of Innovation, s. 4. Industry and Regional Development must, within 3 months of the date on which the Workplace

    Rights Advocate (Repeal) Act 2009 received the

    Royal Assent, submit a report to the Minister relating to the operation and performance of the Workplace Rights Advocate in respect of the period 1 July 2008 to the date of that Royal Assent as if that report were an annual report of operations under Part 7 of the Financial

    Management Act 1994.

    5

    Workplace Rights Advocate Act 2005 No. 100 of 2005 s. 12

     (2) The Minister must cause the report to be laid

    before each House of the Parliament within one

    month of receiving the report or, if a House is not

    then sitting, on the first sitting day of that House

    after one month of receiving the report.

     12 Victimisation

     (1) In this section

    employer includes a prospective employer and a

    former employer;

    worker includes a prospective worker and a

    former worker.

     (2) An employer or other person must not victimise a

    worker or a person associated with a worker.

    Penalty: 20 penalty units.

     (3) An employer or other person victimises a worker

    or a person associated with a worker if the

    employer or other person subjects or threatens to

    subject the worker or person associated with the

    worker to any detriment because the worker, or a

    person associated with the worker, has informed

    the WRA of any matter or exercised any other

    power or right that he or she is entitled to exercise

    under this Act.

     (4) For the purposes of this section, subjecting a

    worker or other person to a detriment includes

    doing any one or more of the following

     (a) terminating the contract under which the

    worker or other person performs work;

     (b) injuring the worker or other person in

    relation to the terms and conditions on which

    the worker or other person performs work;

     (c) altering the position of the worker or other

    person to his or her prejudice;

    6

    Workplace Rights Advocate Act 2005 No. 100 of 2005 s. 12

     (d) refusing to employ or engage the worker or

    other person to perform work;

     (e) discriminating against the worker or other

    person in the terms or conditions on which

    he or she is to be employed or engaged to

    perform work.

    S. 13 * * * * * repealed by No. 21/2009 s. 3.

     * * * * * S. 14 amended by No. 29/2006 s. 3(Sch. 1 item 41), repealed by No. 21/2009 s. 3.

    S. 15 * * * * * repealed by No. 21/2009 s. 3.

    ???????????????

    7

    Workplace Rights Advocate Act 2005 No. 100 of 2005 Endnotes

    ENDNOTES

    1. General Information

    Minister's second reading speech

    Legislative Assembly: 27 October 2005

    Legislative Council: 23 November 2005

    The long title for the Bill for this Act was "to establish the office of the

    Workplace Rights Advocate, to amend the Victorian Civil and

    Administrative Tribunal Act 1998 and for other purposes."

    The Workplace Rights Advocate Act 2005 was assented to on 7 December 2005 and came into operation on 1 March 2006: section 2(2).

    8

    Workplace Rights Advocate Act 2005 No. 100 of 2005 Endnotes

2. Table of Amendments

    This Version incorporates amendments made to the Workplace Rights

    Advocate Act 2005 by Acts and subordinate instruments. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

    Public Sector Employment (Award Entitlements) Act 2006, No. 15/2006

    Assent Date: 11.4.06

    Commencement Date: S. 19 on 3.7.06: Government Gazette 22.6.06 p. 1239

    Current State: This information relates only to the provision/s

    amending the Workplace Rights Advocate Act 2005

    Statute Law (Further Revision) Act 2006, No. 29/2006

    Assent Date: 6.6.06

    Commencement Date: S. 3(Sch. 1 item 41) on 7.6.06: s. 2(1)

    Current State: This information relates only to the provision/s

    amending the Workplace Rights Advocate Act 2005

    Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006,

    No. 80/2006

    Assent Date: 10.10.06

    Commencement Date: S. 26(Sch. item 117) on 11.10.06: s. 2(1)

    Current State: This information relates only to the provision/s

    amending the Workplace Rights Advocate Act 2005

    Workplace Rights Advocate (Repeal) Act 2009, No. 21/2009

    Assent Date: 10.6.09

    Commencement Date: Ss 3, 4 on 11.6.09: s. 2(1)

    Current State: This information relates only to the provision/s

    amending the Workplace Rights Advocate Act 2005

    –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

    9

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