{"id":"sr:magistrates-court-outworkers-rules-2016","name":"Magistrates' Court (Outworkers) Rules 2016","slug":"magistrates-court-outworkers-rules-2016","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181542,"registerId":"vic-sr:magistrates-court-outworkers-rules-2016-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Magistrates' Court (Outworkers) Rules 2016","content":"Version No. 001\n\n**Magistrates' Court (Outworkers) Rules 2016**\n\n**S.R. No. 41/2016**\n\nVersion as at  \n5 June 2016\n\n**TABLE OF PROVISIONS**\n\n*Rule Page*\n\n1 Objective 1\n\n2 Authorising provisions 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Magistrates' Court General Civil Procedure Rules 2010 do not apply 1\n\n6 Application for order to waive requirement to give notice—Form 1 2\n\n7 Application for permit—Form 2 2\n\n8 Application for revocation of permit—Form 3 2\n\n9 Notice 2\n\n10 Hearing date for application under section 46 2\n\n11 Court may fix new date 3\n\nForm 1—Application for order 4\n\nForm 2—Application for issue of permit 5\n\nForm 3—Application for revocation of permit 6\n\n═══════════════\n\nEndnotes 8\n\n1 General information 8\n\n2 Table of Amendments 10\n\n3 Amendments Not in Operation 11\n\n4 Explanatory details 12\n\n**Version No.** **001**\n\n**Magistrates' Court (Outworkers) Rules 2016**\n\n**S.R. No. 41/2016**\n\nVersion as at  \n5 June 2016\n\nThe Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:\n\n\t1 Objective\n\nThe objective of these Rules is to make provision for applications to the Court under Division 2 of Part 4 of the **Outworkers (Improved Protection) Act 2003**.\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 5 June 2016.\n\n\t4 Revocation\n\nThe Magistrates' Court (Outworkers) Rules 2006[[1]](#endnote-1) are **revoked**.\n\n\t5 Magistrates' Court General Civil Procedure Rules 2010 do not apply\n\nThe Magistrates' Court General Civil Procedure Rules 2010[[2]](#endnote-2) do not apply to any application referred to in these Rules.\n\n\t6 Application for order to waive requirement to give notice—Form 1\n\nAn application to the Court under section 44(1) of the **Outworkers (Improved Protection) Act 2003** for an order must be in Form 1.\n\n\t7 Application for permit—Form 2\n\nAn application to the Court under section 45 of the **Outworkers (Improved Protection) Act 2003** for a permit to be issued must be in Form 2.\n\n\t8 Application for revocation of permit—Form 3\n\nAn application to the Court under section 46 of the **Outworkers (Improved Protection) Act 2003** for a permit to be revoked must be in Form 3.\n\n\t9 Notice\n\nThe applicant must serve a copy of an application under section 46 of the **Outworkers (Improved Protection) Act 2003** on the holder of the permit who is the subject of the application within a reasonable time before the date fixed for the hearing of the application.\n\n\t10 Hearing date for application under section 46\n\nThe registrar must fix a date for the hearing of an application under section 46 of the **Outworkers (Improved Protection) Act 2003** that is no later than 28 days after the application has been filed in the Court.\n\n\t11 Court may fix new date\n\nThe Court may fix a new date for the hearing of an application under section 46 of the **Outworkers (Improved Protection) Act 2003** that 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.\n\nForm 1—Application for order\n\nRule 6\n\nApplication for Order\n\n**Outworkers (Improved Protection) Act 2003**\n\nSection 44(1)\n\nTO: The Registrar of the Magistrates' Court at [*venue*]\n\n1. I [*name of applicant*] of [*address*], an officer/*employee  of the [*name of* *Union*] hold a permit that was issued under section 45 of the **Outworkers (Improved Protection) Act 2003** by the  Magistrates' Court at  [*venue*]  on [*date*]. The permit remains in force.\n\n2. Pursuant to section 44(1) of that Act, I apply for the following orders—\n\n[*here* *set 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]*.*\n\nDated:\n\n[*Signed*]\n\nSignature of applicant\n\n*Delete if inapplicable\n\nHEARING OF APPLICATION\n\nThis application will be heard by the Court at [*venue*] on [*date*].\n\n[*Signed*]\n\nRegistrar\n\nForm 2—Application for issue of permit\n\nRule 7\n\nApplication for Issue of Permit\n\n**Outworkers (Improved Protection) Act 2003**\n\nSection 45\n\nTO: The Registrar of the Magistrates' Court at [*venue*]\n\nI [*name of applicant*] being the secretary of the [*name of Union*] of [*address of 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.\n\nDated:\n\n[*Signed*]\n\nSignature of applicant\n\n[*Signed*]\n\nRegistrar\n\nForm 3—Application for revocation of permit\n\nRule 8\n\nApplication for Revocation of Permit\n\n**Outworkers (Improved Protection) Act 2003**\n\nSection 46\n\nTO: The Registrar of the Magistrates' Court at [*venue*]\n\n[*Name of employer*]\n\n*or*\n\n[*Name of registered organisation of employers*]\n\n*or*\n\n[*Name of information services officer*]\n\napplies 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.\n\nGROUNDS FOR APPLICATION\n\nThe grounds for the application are—\n\n[*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**].\n\nHEARING OF APPLICATION\n\nThis application will be heard by the Court at [*venue*] on [*date*].\n\n[*Signed*]\n\nRegistrar\n\nDated: 4 May 2016\n\nPETER LAURITSEN,  \n*Chief Magistrate*\n\nLANCE IVAN MARTIN,  \n*Deputy Chief Magistrate*\n\nJELENA POPOVIC,  \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 (Outworkers) Rules 2016, S.R. No. 41/2016 were made on 4 May 2016 by the Chief Magistrate together with 2 Deputy Chief Magistrates under section 16 of the **Magistrates' Court Act 1989**, No. 51/1989 and came into operation on 5 June 2016: rule 3.\n\nThe Magistrates' Court (Outworkers) Rules 2016 will sunset 10 years after the day of making on 4 May 2026 (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 (Outworkers) Rules 2016 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\n1. Rule 4: S.R. No. 69/2006 as amended by S.R. No. 123/2011. [↑](#endnote-ref-1)\n\n2. Rule 5: S.R. No. 140/2010. Reprint No. 2 as at 1 February 2015. Reprinted to S.R. No. 3/2015. Subsequently amended by  \nS.R. Nos 163/2015, 164/2015 and 17/2016. [↑](#endnote-ref-2)","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These Rules implement procedural mechanics for applications already authorised by the Outworkers (Improved Protection) Act 2003 (Rule 1). They do not expand the substantive powers in that Act; they prescribe forms and timelines, revoke the 2006 Rules (Rule 4), and exclude the general civil procedure rules (Rule 5), thereby changing procedure but not the statutory scope of who may apply or the grounds available under the Act."},"complexity_factors":["Narrow subject-matter: limited to procedural rules for applications under Division 2, Part 4 of the Outworkers (Improved Protection) Act 2003 (Rule 1).","Prescribed forms: three specific templates required for different application types (Rules 6–8; Forms 1–3) reduce ambiguity but add formal compliance steps.","Interplay with primary legislation: substantive authority and grounds are in the Outworkers Act, so users must consult that Act for substantive rights and grounds (Rules 6–8 reference sections 44–46).","Exclusion of general civil rules: the Magistrates' Court General Civil Procedure Rules 2010 do not apply, so practice differs from ordinary civil matters (Rule 5).","Administrative timetable: registrar must fix a hearing within 28 days for revocation applications, creating an operational deadline (Rule 10).","Judicial/registrar discretion: Court may re-fix hearing dates before or after the registrar’s date, and applications to change dates may be made at flexible times (Rule 11), introducing limited procedural discretion.","Transitional change: revocation of the 2006 rules replaces prior procedural regime (Rule 4)."],"plain_english_summary":"These Rules set the court process for applications under Division 2 of Part 4 of the Outworkers (Improved Protection) Act 2003. They prescribe three standard forms (for waiving notice, applying for a permit, and revoking a permit), require service of revocation applications on the permit holder, exclude the Magistrates' Court General Civil Procedure Rules, and require the registrar to fix revocation hearings within 28 days (with the Court able to re-fix the date). They affect unions, permit-holders, employers, court registrars and the Magistrates' Court by standardising filing, notice and hearing timetables."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow procedural purpose. It replaces the 2006 Rules with updated forms and minor procedural tweaks (such as the 28-day hearing deadline in Rule 10), but does not expand beyond its original function of governing permit applications under the Outworkers (Improved Protection) Act 2003."},"complexity_factors":["Only 11 substantive rules plus 3 forms","No defined terms section—relies entirely on definitions in the parent Outworkers (Improved Protection) Act 2003","Minimal cross-referencing (only references to specific sections of the parent Act and the Magistrates' Court General Civil Procedure Rules 2010)","Simple linear structure with no nested exceptions or conditional logic","Forms are templates with blank fields rather than complex legal provisions","Procedural focus only—does not create substantive rights or offences"],"plain_english_summary":"These are procedural rules for the Victorian Magistrates' Court that govern how unions can apply for permits to inspect workplaces where **outworkers** (home-based workers, typically in the clothing industry) are employed.\n\n**What this legislation does:**\n\n*   **Sets up a permit system** under the *Outworkers (Improved Protection) Act 2003* that allows union officials to enter premises where outworkers work.\n*   **Provides three specific application forms:**\n    *   **Form 1:** For union officials who already have a permit but want to skip the usual notice requirement before entering premises (asking the Court to waive the notice period).\n    *   **Form 2:** For union secretaries to apply for a new permit for a union official or employee.\n    *   **Form 3:** For employers, employer organisations, or government information officers to apply to cancel (revoke) an existing permit.\n*   **Sets timelines:** Applications to revoke a permit must be heard within 28 days of being filed, though the Court can change this date.\n*   **Requires notice:** Anyone trying to revoke a permit must give the permit holder reasonable notice before the hearing.\n*   **Overrides general rules:** The standard Magistrates' Court civil procedure rules don't apply to these applications—these special rules take their place.\n\n**Who it affects:**\n\n*   Union officials seeking to monitor conditions for outworkers (often vulnerable garment workers working from home)\n*   Employers of outworkers\n*   Employer organisations\n*   The Magistrates' Court and its registrars\n\n**Why it matters:**\n\nOutworkers are often isolated and vulnerable to exploitation. These rules create a structured, legal pathway for unions to check that outworkers are being paid properly and working in safe conditions, while also giving employers a fair process to challenge permits if they're being misused."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the rules appear confined to their stated purpose: establishing procedural rules for outworker-related proceedings in the Magistrates' Court. No evidence of scope expansion is detectable from the document provided, though the incomplete nature of the source material prevents a confident assessment."},"complexity_factors":["The document as provided is largely incomplete, consisting mainly of version history metadata rather than substantive rule content","Procedural court rules can involve technical legal terminology around filing, service, and court processes","The underlying subject matter (outworker entitlements) intersects with employment law, which adds contextual complexity","As a subordinate instrument (statutory rule) it operates beneath primary legislation, requiring understanding of its parent Act to fully interpret","Limited complexity scoring possible given the extreme incompleteness of the provided text"],"plain_english_summary":"These rules establish the procedural framework for handling legal claims involving outworkers in the Victorian Magistrates' Court — chiefly actions to recover unpaid entitlements. They affect outworkers, their employers/contractors, representatives (unions, lawyers) and court staff. Clear procedures matter because they reduce barriers to justice for often vulnerable, home‑based workers. Note: the source appears to be incomplete."}},"importantCases":[],"_links":{"self":"/api/acts/magistrates-court-outworkers-rules-2016","history":"/api/acts/magistrates-court-outworkers-rules-2016/history","analysis":"/api/acts/magistrates-court-outworkers-rules-2016/analysis","conflicts":"/api/acts/magistrates-court-outworkers-rules-2016/conflicts","importantCases":"/api/acts/magistrates-court-outworkers-rules-2016/important-cases","documents":"/api/acts/magistrates-court-outworkers-rules-2016/documents"}}