{"id":"sr:magistrates-court-occupational-health-and-safety-rules-2025magistrates-court-occupational-health-and","name":"Magistrates' Court (Occupational Health and Safety) Rules 2025","slug":"magistrates-court-occupational-health-and-safety-rules-2025","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181422,"registerId":"vic-sr:magistrates-court-occupational-health-and-safety-rules-2025magistrates-court-occupational-health-and-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Magistrates' Court (Occupational Health and Safety) Rules 2025","content":"Version No. 001\n\n**Magistrates' Court (Occupational Health and Safety) Rules 2025**\n\n**S.R. No. 30/2025**\n\nVersion as at  \n28 May 2025\n\n**TABLE OF PROVISIONS**\n\n*Rule Page*\n\nOrder 1—Preliminary 1\n\n1 Object 1\n\n2 Authorising provisions 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Application of Magistrates' Court General Civil Procedure Rules 2020 1\n\nOrder 2—Applications 2\n\n6 Application for entry permit—Form 1 2\n\n7 Application for revocation of entry permit—Form 2 2\n\n8 Hearing date for application under section 85 2\n\n9 Extension and abridgement 2\n\nForm 1 3\n\nForm 2 5\n\n═════════════\n\nEndnotes 6\n\n1 General information 6\n\n2 Table of Amendments 8\n\n3 Explanatory details 9\n\n**Version No.** **001**\n\n**Magistrates' Court (Occupational Health and Safety) Rules 2025**\n\n**S.R. No. 30/2025**\n\nVersion as at  \n28 May 2025\n\nOrder 1—Preliminary\n\n\t1 Object\n\nThe object of these Rules is to provide forms of application to the Court under sections 83 and 85 of the **Occupational Health and Safety Act 2004**.\n\n\t2 Authorising provisions\n\nThese Rules are made under section 16 of the **Magistrates' Court Act 1989** and all other enabling powers.\n\n\t3 Commencement\n\nThese Rules come into operation on 28 May 2025.\n\n\t4 Revocation\n\nThe Magistrates' Court (Occupational Health and Safety) Rules 2015[[1]](#endnote-1) are **revoked**.\n\n\t5 Application of Magistrates' Court General Civil Procedure Rules 2020\n\nThe Magistrates' Court General Civil Procedure Rules 2020[[2]](#endnote-2) do not apply to an application referred to in Rules 6 and 7.\n\nOrder 2—Applications\n\n\t6 Application for entry permit—Form 1\n\nAn application for issue of an entry permit under section 83 of the **Occupational Health and Safety Act 2004** must be in Form 1.\n\n\t7 Application for revocation of entry permit—Form 2\n\nAn application for revocation of an entry permit under section 85 of the **Occupational Health and Safety Act 2004** must be in Form 2.\n\n\t8 Hearing date for application under section 85\n\nA registrar must fix a date for the hearing of an application under section 85 of the **Occupational Health and Safety Act 2004** that is no later than 28 days after the date on which the application is filed in the Court.\n\n\t9 Extension and abridgement\n\n(1) The Court may extend or abridge the time fixed by Rule 8.\n\n(2) The Court may extend the time under paragraph (1) before or after the time expires whether or not an application for the extension is made before the time expires.\n\nForm 1\n\nRule 6\n\n**APPLICATION FOR ISSUE OF ENTRY PERMIT**\n\n**Occupational Health and Safety Act 2004**\n\nSection 83\n\nTO: The Registrar of the Magistrates' Court at [*venue*]\n\nI [*name of applicant*], [*occupation*], being a—\n\n*member of the committee of management\n\n*or*\n\n*a member of the committee of management of the [*name of branch*] branch\n\nof the [*name of registered employee organisation*] of [*address of organisation*], which is a registered employee organisation within the meaning of section 79 of the **Occupational Health and Safety Act 2004**, apply for an entry permit to be issued to [*name of prospective permit holder*] by the Court under section 83 of that Act.\n\n*AFFIDAVIT/STATUTORY DECLARATION IN SUPPORT OF APPLICATION\n\nI, [*name of prospective permit holder*] of [*address and occupation*]—\n\n*make oath and say\n\n*affirm and say\n\n*declare that\n\n1. I am qualified under section 81 of the **Occupational Health and Safety Act 2004** to hold an entry permit.\n\n2. The issue of an entry permit to me would not exceed any limit set out in a Minister's determination under section 80 of the **Occupational Health and Safety Act 2004**.\n\n*3. No entry permits issued to me have been revoked.\n\n*or*\n\n*3. [*insert relevant number*] entry permit/*permits issued to me *has/*have been revoked.\n\n4. I *have/*have not been convicted or found guilty of an offence under Part 8 of the **Occupational Health and Safety Act 2004**.\n\n5. I *have/*have not been convicted or found guilty of an indictable offence within the previous 5 years.\n\n*6. [*in the case of an affidavit, this paragraph must be included*] The contents of this affidavit are true and correct and I make it knowing that a person making a false affidavit may be prosecuted for the offence of perjury.\n\n*or*\n\n*6. [*in the case of a statutory declaration, this paragraph must be included*] I declare that the contents of this statutory declaration are true and correct and I make it knowing that making a statutory declaration that I know to be untrue is an offence.\n\n*Sworn/*Affirmed/*Declared at [*place*]\n\nin the State of Victoria\n\non [*date*]\n\n[*Signature of person swearing or affirming affidavit before authorised affidavit taker/making statutory declaration before authorised statutory declaration witness*]\n\nBefore\n\n[*Signature of authorised affidavit taker/statutory declaration witness*]\n\n[*Full name and address in legible writing, typing or stamp*]\n\n[*Capacity in which person has authority to take affidavit/qualification as an authorised statutory declaration witness*]\n\non [*date*]\n\n*I am a person authorised under section 19(1) of the **Oaths and Affirmations Act 2018** to take an affidavit.\n\n*I am a person authorised under section 30(2) of the **Oaths and Affirmations Act 2018** to witness a statutory declaration.\n\nRegistrar\n\n*Delete if inapplicable.\n\nForm 2\n\nRule 7\n\nApplication for entry permit to be revoked\n\n**Occupational Health and Safety Act 2004**\n\nSection 85\n\nTO: The Registrar of the Magistrates' Court at [*venue*]\n\nThe Victorian WorkCover Authority\n\n*or*\n\n[*Name of employer*]\n\napplies for an entry permit issued by the Court under section 83 of the **Occupational Health and Safety Act 2004** to [*name of permit holder*] to be revoked.\n\n**GROUNDS FOR APPLICATION**\n\nThe grounds for the application are—\n\n(*set out grounds—refer to section 85(2) of the* **Occupational Health and Safety Act 2004**)\n\nNote: Section 85(2) of the **Occupational Health and Safety Act 2004** provides that the applicant must give written notice of an application, setting out the grounds for it, to the person who holds the entry permit and the registered employee organisation concerned.\n\n**HEARING OF APPLICATION**\n\nThis application will be heard by the Court at [*venue*] on [*date*].\n\n[*signed*]\n\nRegistrar\n\nDated: 21 May 2025\n\nLISA HANNAN,  \n*Chief Magistrate*\n\nSUSAN WAKELING,  \n*Deputy Chief Magistrate*\n\nTIM BOURKE,  \n*Deputy Chief Magistrate*\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Magistrates' Court (Occupational Health and Safety) Rules 2025, S.R. No. 30/2025 were made on 21 May 2025 by the Chief Magistrate together with one or more Deputy Chief Magistrates jointly under section 16 of the **Magistrates' Court Act 1989**, No. 51/1989 and came into operation on 28 May 2025: rule 3.\n\nThe Magistrates' Court (Occupational Health and Safety) Rules 2025 will sunset 10 years after the day of making on 21 May 2035 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Magistrates' Court (Occupational Health and Safety) Rules 2025 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\n1. Rule 4: S.R. No. 41/2015 as amended by S.R. No. 49/2019. [↑](#endnote-ref-1)\n\n2. Rule 5: S.R. No. 112/2020 as amended by S.R. Nos 23/2021, 89/2021, 167/2021, 54/2022, 102/2022, 134/2022, 68/2023, 128/2023 and 134/2024. [↑](#endnote-ref-2)","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Rules retain a narrow, procedural role: prescribing forms and timetables for entry‑permit applications under the Occupational Health and Safety Act 2004 (Rule 1; Forms 1–2). The principal differences from prior arrangements are revocation of the 2015 Rules (Rule 4) and explicit disapplication of the Court's general civil procedure rules for these matters (Rule 5). They do not expand or alter substantive eligibility or grounds in the primary Act (ss 80–85)."},"complexity_factors":["Narrow procedural scope limited to forms and timing rather than substantive rights (Rule 1; Forms 1 & 2).","Cross-references to multiple provisions of the Occupational Health and Safety Act 2004 (qualification, limits and grounds for revocation require consulting ss 80, 81, 83, 85).","Disapplication of the Magistrates' Court General Civil Procedure Rules 2020 for these applications (Rule 5) creates a bespoke procedural pathway.","Fixed hearing timetable (Registrar must fix hearing within 28 days) combined with broad court discretion to extend or abridge time (Rules 8–9) introduces conditional deadlines.","Prescribed affidavit/statutory declaration formalities in Form 1 impose specific evidentiary and witnessing requirements on applicants.","Revocation of the 2015 Rules and a 10‑year sunset (endnotes) require users to check currency of the instrument."],"plain_english_summary":"These Rules prescribe the exact court forms and a 28‑day hearing timetable for applications to issue or revoke entry permits under the Occupational Health and Safety Act 2004, disapply the Magistrates’ Court General Civil Procedure Rules for those applications, and revoke the 2015 Rules. They affect registered employee organisations, prospective permit holders, employers and the Victorian WorkCover Authority by fixing what must be filed (affidavit/statutory declaration content), giving the registrar and Court scheduling and extension powers, and shifting compliance costs onto applicants and court administrators."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: providing court procedures for entry permit applications under the OHS Act. It replaces the 2015 version with updated forms and references but does not expand beyond this specific administrative function."},"complexity_factors":["Only 9 substantive rules total, with minimal conditional logic","No defined terms section—relies entirely on definitions in the parent Occupational Health and Safety Act 2004","Simple structure: preliminary provisions, then two application procedures with attached forms","Single cross-reference to general civil procedure rules (Rule 5) only to exclude their application","Forms use standard template language with checkboxes and optional paragraphs rather than complex legal drafting"],"plain_english_summary":"This legislation sets out the procedural rules for how the Magistrates' Court of Victoria handles applications related to **entry permits** under workplace safety laws.\n\n**What it does:**\n- Provides **standard forms** for two types of court applications under the *Occupational Health and Safety Act 2004*:\n  - **Form 1**: Applying for an entry permit (which allows union officials to enter workplaces to investigate safety concerns)\n  - **Form 2**: Applying to revoke (cancel) an existing entry permit\n- Sets a **28-day deadline** for the court to schedule a hearing when someone applies to revoke a permit\n- Allows the court to **extend or shorten** that deadline if needed\n- Confirms that the usual Magistrates' Court civil procedure rules **don't apply** to these specific applications\n\n**Who it affects:**\n- **Union officials** seeking formal permission to enter workplaces for safety inspections\n- **Employers** or the Victorian WorkCover Authority wanting to challenge or cancel an entry permit\n- **Magistrates' Court staff** (registrars) who process these applications and schedule hearings\n\n**Why it matters:**\nEntry permits are a key tool for unions to monitor workplace safety. These rules ensure there's a clear, consistent process for getting a permit—and for challenging one if it's being misused. The forms require detailed declarations about the applicant's qualifications, criminal history, and whether previous permits have been revoked, helping the court decide who should hold these powers."},"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":"Cannot be determined. The document provided contains no substantive content — only repeated headers, version history entries, and status indicators. There is no basis to assess whether the scope changed from any original intent, as no rules, provisions, or explanatory material are present in the supplied text."},"complexity_factors":["Insufficient legislative text provided — only metadata and version history headers are present, making substantive analysis impossible","Procedural rules of this type are typically moderately technical but not inherently complex for practitioners familiar with court rules","Score reflects the bare document provided, not the likely complexity of the full instrument"],"plain_english_summary":"These rules are a procedural guide for how Victoria’s Magistrates’ Court would handle occupational health and safety matters—covering filing, hearings and documents—and therefore matter to workers, employers, legal representatives and WorkSafe when OHS cases come before the Court. The provided file is severely incomplete (metadata only), so no substantive changes or specific procedures can be confirmed."}},"importantCases":[],"_links":{"self":"/api/acts/magistrates-court-occupational-health-and-safety-rules-2025","history":"/api/acts/magistrates-court-occupational-health-and-safety-rules-2025/history","analysis":"/api/acts/magistrates-court-occupational-health-and-safety-rules-2025/analysis","conflicts":"/api/acts/magistrates-court-occupational-health-and-safety-rules-2025/conflicts","importantCases":"/api/acts/magistrates-court-occupational-health-and-safety-rules-2025/important-cases","documents":"/api/acts/magistrates-court-occupational-health-and-safety-rules-2025/documents"}}