{"id":"nsw:sl-2022-0447","name":"Employment Protection Regulation 2022","slug":"employment-protection-regulation-2022","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"447 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176042,"registerId":"nsw-nsw:sl-2022-0447-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Employment Protection Regulation 2022](/view/html/inforce/current/sl-2022-0447).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 1 September 2022.\n> \n> Note—\n> \n> This Regulation replaces the [Employment Protection Regulation 2017](/view/html/repealed/current/sl-2017-0478), which is repealed on 1 September 2022 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Regulation—\n> \n> termination of employment includes proposed termination of employment.\n> \n> the Act means the [Employment Protection Act 1982](/view/html/inforce/current/act-1982-122).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Cases in which obligations of employers do not apply—the Act, ss 7 and 8","content":"# Part 2 Cases in which obligations of employers do not apply—the Act, ss 7 and 8\n\nPart 2 Cases in which obligations of employers do not apply—the Act, ss 7 and 8","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Non-application of s 7—employee trial period","content":"#### 4 Non-application of s 7—employee trial period\n\n4 Non-application of s 7—employee trial period\n\n> > (1) This section applies to an employee who is, under the terms of the employee’s engagement as notified to the employee at the time of engagement, engaged on a trial basis for a specified period.\n> \n> > (2) The Act, section 7 does not apply in relation to the termination of employment of the employee—\n> > \n> > > (a) if the specified period of engagement on a trial basis is 6 months or less—before, or within 7 days after, the end of the period, or\n> > \n> > > (b) otherwise—until 6 months after the commencement of the employment.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Non-application of s 7—employee engaged for less than 12 months","content":"#### 5 Non-application of s 7—employee engaged for less than 12 months\n\n5 Non-application of s 7—employee engaged for less than 12 months\n\n> The Act, section 7 does not apply in relation to the termination of employment of an employee unless, at the time of termination, the employee has been, or will have been, continuously employed by the employer for at least 12 months.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Non-application of ss 7 and 8—business transmitted to another employer","content":"#### 6 Non-application of ss 7 and 8—business transmitted to another employer\n\n6 Non-application of ss 7 and 8—business transmitted to another employer\n\n> > (1) This section applies if a business, undertaking or establishment or a part of it is, or is to be, transmitted from an employer (the transmitter) to another employer (the transmittee).\n> \n> > (2) The Act, sections 7 and 8 do not apply in relation to the termination of a person’s employment with the transmitter if—\n> > \n> > > (a) at the time of the transmission, the person is an employee of the transmitter in the business, undertaking, establishment or part of it, and\n> > \n> > > (b) the person becomes, or is to become, an employee of the transmittee.\n> \n> > (3) In this section—\n> > \n> > transmission includes transfer, conveyance, assignment or succession, whether by agreement or by operation of law.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Non-application of ss 7 and 8—severance payments","content":"#### 7 Non-application of ss 7 and 8—severance payments\n\n7 Non-application of ss 7 and 8—severance payments\n\n> The Act, sections 7 and 8 do not apply in relation to the termination of employment of—\n> \n> > (a) an employee who is paid, at or before the time of termination, a severance payment at least equal to the amount calculated in accordance with the rate specified in Schedule 1 for the employee, or\n> \n> > (b) an employee whose employment is covered by an award or agreement that provides for the making of a severance payment to the employee in relation to the termination.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Non-application of ss 7 and 8—other cases","content":"#### 8 Non-application of ss 7 and 8—other cases\n\n8 Non-application of ss 7 and 8—other cases\n\n> The Act, sections 7 and 8 do not apply in relation to the termination of employment of the following employees—\n> \n> > (a) an employee to whom no award or agreement applies,\n> \n> > (b) an employee to whom an order made by the Commission under the Act as a consequence of a report under the Act, section 11 applies,\n> \n> > (c) an employee who, under the terms of the employee’s engagement as notified to the employee at the time of the employee’s engagement, is engaged for a specified period of time or for a specified task, and whose employment is not terminated before the end of the period or the completion of the task.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Notice under the Act, s 7 or 8","content":"#### 9 Notice under the Act, s 7 or 8\n\n9 Notice under the Act, s 7 or 8\n\n> > (1) A notice under the Act, section 7 or 8 must contain the particulars specified in Schedule 2, Form 1.\n> \n> > (2) A notice is taken not to have been served for the purposes of the Act, section 8(1) unless it contains the particulars.\n> \n> > (3) An employer who serves a notice under the Act, section 7 or 8 that is not in the form set out in Schedule 2, Form 1 is guilty of an offence.\n> > \n> > Maximum penalty—0.5 penalty unit.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Request by union or employer for Commission to exercise jurisdiction","content":"#### 10 Request by union or employer for Commission to exercise jurisdiction\n\n10 Request by union or employer for Commission to exercise jurisdiction\n\n> Schedule 2, Form 2 is prescribed for the Act, section 12(1A).","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Savings","content":"#### 11 Savings\n\n11 Savings\n\n> An act, matter or thing that, immediately before the repeal of the [Employment Protection Regulation 2017](/view/html/repealed/current/sl-2017-0478), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":13},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Scale of severance payments","content":"# Schedule 1 Scale of severance payments\n\nSchedule 1 Scale of severance payments\n\nsection 7\n\n| Length of continuous service by employee | Rate for calculation of amount of severance payment |\n|  | If employee under 45 years of age | If employee 45 or more years of age |\n| Less than 1 year | Nil | Nil |\n| 1 year and more but less than 2 years | 4 weeks’ pay | 5 weeks’ pay |\n| 2 years and more but less than 3 years | 7 weeks’ pay | 8.75 weeks’ pay |\n| 3 years and more but less than 4 years | 10 weeks’ pay | 12.5 weeks’ pay |\n| 4 years and more but less than 5 years | 12 weeks’ pay | 15 weeks’ pay |\n| 5 years and more but less than 6 years | 14 weeks’ pay | 17.5 weeks’ pay |\n| 6 years or more | 16 weeks’ pay | 20 weeks’ pay |","sortOrder":14},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Forms","content":"# Schedule 2 Forms\n\nSchedule 2 Forms\n\nsections 9 and 10\n\nForm 1 Notice to Industrial Registrar\n\n[Employment Protection Act 1982](/view/html/inforce/current/act-1982-122), sections 7 and 8\n\nThis Notice is given under the [Employment Protection Act 1982](/view/html/inforce/current/act-1982-122), \\*section 7/\\*section 8.\n\n\\[*\\* Delete whichever is inapplicable*\\]\n\nDetails of employer\n\nEmployer’s full name, address and telephone number—\n\n\\[*For sole employer or partnership give full names or for registered company give full registered title*\\]\n\nBusiness name, if any—\n\nNature of employer’s business or industry—\n\nAre there particulars of the employer’s financial and other resources the employer desires the Commission to have regard to before making an order under the Act? Yes □ No □\n\nNote—\n\nIf the answer is “yes”, under the Act, section 14(5), the Commission will take into account the financial or other resources of an employer that the employer discloses to it, either in this Notice or otherwise. Particulars may be disclosed by attaching the details as part of this Notice, see the Act, section 7(2A), or they may be disclosed to the Commission later, either in writing or in proceedings before the Commission. Where an employer claims that the details should be treated as confidential, the particulars should be disclosed later and, if in writing, forwarded to the Industrial Registrar in a sealed envelope marked “CONFIDENTIAL” with a covering letter, referring to this Notice, and setting out briefly why confidentiality is sought.\n\nIs the employer a member of an industrial union of employers? Yes □ No □\n\nIf yes, name of union—\n\nDetails of employee\n\nEmployee’s full name, address and telephone number—\n\nDate of birth of employee—\n\nEmployee is employed as— Adult □ Junior □ Apprentice □\n\nEmployee is employed— Full time □ Part time □ Casual □ Other □ \\[*specify*\\]\n\nIs the employee a member of a relevant union? Yes □ No □ Not known □\n\nIf yes, name of union—\n\nEmployment details\n\nDate on which employee last entered employment—\n\nDate on or after which termination of employment effective—\n\nPeriod of service, in years and months —\n\nWork address—\n\nIs the employee covered by a State Award/Former Industrial Agreement/Enterprise Agreement—  \nYes □ No □\n\nIf covered by State Award/Former Industrial Agreement/Enterprise Agreement—\n\n> (a) Name or Number—\n\n> (b) Award or Agreement classification—\n\n> (c) Position occupied or duties performed—\n\n> (d) Ordinary time weekly rate of pay under Award or Agreement—\n\nIf no award or agreement is applicable—\n\n> (a) Position occupied or duties performed—\n\n> (b) Ordinary weekly rate of pay—\n\nParticulars of reason or reasons for termination of employment \\[*Attach a separate sheet if required*\\]—\n\nPeriod of notice given to employee—\n\nPayments made in consequence of termination\n\n*Give particulars of all payments made or to be made to the employee in consequence of the termination of the employee’s employment. Where known, give the amount to the nearest dollar. If not known, give the basis for calculation of the amount.*\n\nWages, including allowances etc—\n\nHoliday pay—\n\nLong service leave—\n\nPay in lieu of notice—\n\nSeverance/termination pay—\n\ncalculated according to the following formula—\n\nSuperannuation—per Trust Deed—\n\nSuperannuation—supplement by employer—\n\nOther payments \\[*give details*\\]—\n\nIs an order for payment of severance pay contested? Yes □ No □ \\[*If yes, briefly set out the grounds relied on and attach a separate sheet if required*\\].\n\nSigned—  \nfor/on behalf of Employer\n\nDate—\n\nLodged by—\n\nForm 2 Notice by union or employer to the Commission\n\n[Employment Protection Act 1982](/view/html/inforce/current/act-1982-122), section 12(1A)\n\n*\\*I/\\*We* \\[*name*\\] request the Commission to exercise its jurisdiction under the Act in relation to the Industrial Registrar’s report relating to the \\*intended termination/\\*reasons for termination of employment of \\[*name/s*\\].\n\n\\[\\* *Delete whichever is inapplicable*\\]\n\nSignature of applicant/s—\n\nAddress of applicant/s—\n\nDate—","sortOrder":15}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulation appears consistent with its original purpose as a procedural and exemption framework supporting the Employment Protection Act 1982. The 2022 version replaces the 2017 Regulation with substantially similar provisions, maintaining the same exemption structure and severance payment scales. No significant scope creep is evident."},"complexity_factors":["Multiple cross-references to the parent Act (Employment Protection Act 1982) without reproducing those provisions, requiring readers to consult external legislation","Nested conditional logic in section 4 (trial periods) with two-tier test based on duration of trial period","7 distinct exemption categories across sections 4-8 with overlapping potential (e.g., trial periods vs. short-term employment)","2 defined terms in section 3, but heavy reliance on undefined terms from the Act and Interpretation Act 1987","Tabular calculation structure in Schedule 1 with age-based and service-based matrix (12 cells of varying rates)","Detailed form templates in Schedule 2 with 20+ fields and conditional checkboxes","Savings provision (section 11) preserving transitional arrangements from the 2017 Regulation"],"plain_english_summary":"This Regulation sets out the rules for when employers in New South Wales must notify the Industrial Relations Commission before terminating employees, and when they don't have to.\n\n**What it does:**\nThe Regulation works with the Employment Protection Act 1982 to protect workers from unfair dismissals by requiring employers to give notice to the Industrial Registrar before firing certain employees. However, it also lists specific situations where employers are **exempt** from these notice requirements.\n\n**Who it affects:**\n- **Employers** in NSW who are covered by state industrial laws (not federal Fair Work laws)\n- **Employees** who work for those employers, particularly those with more than 12 months' service\n- **Unions** who can request the Commission to review termination notices\n\n**Key exemptions (when employers don't need to give notice):**\n- **Trial periods:** Employees on trial for 6 months or less (or within the first 6 months for longer trials)\n- **Short-term employees:** Anyone employed for less than 12 months continuously\n- **Business sales:** When a business is sold/transferred and employees move to the new owner\n- **Severance payments:** If the employer pays out severance according to the scale in Schedule 1 (ranging from 4-20 weeks' pay depending on service length and age)\n- **Fixed-term contracts:** Employees hired for a specific period or task\n- **Award-covered employees:** Those covered by awards or agreements that already provide severance payments\n- **Non-award employees:** Workers not covered by any industrial award\n\n**Why it matters:**\nThis Regulation balances worker protection with business flexibility. It ensures long-term employees get a fair hearing before termination while allowing employers to manage probationary staff, short-term hires, and business restructures without excessive red tape. The severance payment scale provides a clear \"buy-out\" option for employers who want to bypass the notification process.\n\n**Forms and procedures:**\nThe Regulation includes mandatory forms employers must use when notifying the Commission, covering details like the employee's service history, reasons for termination, and any payments being made."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument replaces the Employment Protection Regulation 2017 and, by its savings clause (reg 11) and the matters it prescribes (exemptions, severance scale, and notice forms), restates the regulatory coverage for when sections 7 and 8 of the Act apply. The text itself contains no express provision that widens or narrows that scope compared with the prior regulation; it preserves prior effect pending the repeal."},"complexity_factors":["Cross-references to the Employment Protection Act 1982 and the Interpretation Act 1987 increase interpretive dependence on external statute text (see reg 3 note).","Multiple conditional exemptions to employer obligations with temporal and factual triggers (trial periods with different time thresholds, continuous service minimum of 12 months, transmission of business, awards/agreements or severance payment) require factual analysis in individual cases (regs 4–8).","Severance scale varies by both length of continuous service and whether employee is under or over 45, producing a two-dimensional calculation (Schedule 1).","Prescribed forms and required particulars for notices (Schedule 2, Form 1 and Form 2) create a fixed compliance template and attach a monetary penalty (reg 9).","A savings clause preserves effects of the repealed 2017 Regulation, which affects transitional legal status (reg 11).","Form 1 invites disclosure of employer financial particulars and notes the Commission will take disclosed resources into account, implicating administrative discretion and confidentiality handling (Schedule 2, Form 1 notes)."],"plain_english_summary":"This Regulation (effective 1 September 2022) sets when employer obligations under the Employment Protection Act (notably sections 7 and 8) do not apply, prescribes a formula-based severance pay scale by length of service and age, and requires a specific notice form to the Industrial Registrar (with a small penalty for non‑compliance). It affects employers and employees by clarifying eligibility for statutory protection, quantifying severance entitlements, and imposing a mandatory paperwork standard that shapes dispute and disclosure practices."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient information is available to assess whether the scope changed from the original intent. The document provided contains only administrative metadata (status, dates, authorisation details) and does not include the substantive provisions of the regulation. No comparison between original and current scope can be made."},"complexity_factors":["Only metadata and administrative information was provided — no substantive legal provisions are visible for analysis","The regulation references the Subordinate Legislation Act 1989 and Interpretation Act 1987, adding a layer of legislative cross-referencing","Staged automatic repeal mechanism adds a time-sensitive dimension that users need to be aware of","Without the actual operative provisions, the true complexity of the regulation cannot be assessed — the score reflects only what is visible"],"plain_english_summary":"The Employment Protection Regulation 2022 is a NSW regulation under the Employment Protection framework that took effect on 12 August 2022 and is set to be automatically repealed on 1 September 2027. \n\nIt is aimed at employers and employees in NSW concerning employment rights and obligations, but the actual provisions aren’t provided here — consult the full regulation on the NSW Legislation website for specifics."}},"importantCases":[],"_links":{"self":"/api/acts/employment-protection-regulation-2022","history":"/api/acts/employment-protection-regulation-2022/history","analysis":"/api/acts/employment-protection-regulation-2022/analysis","conflicts":"/api/acts/employment-protection-regulation-2022/conflicts","importantCases":"/api/acts/employment-protection-regulation-2022/important-cases","documents":"/api/acts/employment-protection-regulation-2022/documents"}}