1Workplace Relations Act 1996 - Directions to Inspectors (04/07/2007)

Workplace Relations Act 1996

DIRECTIONS TO INSPECTORS

I, NICHOLAS PAUL WILSON, Workplace Ombudsman, acting under subsection 167(7) of the Workplace Relations Act 1996 direct as follows:

Commencement

(1) These Directions are of general application and commence on the day they are registered on the Federal Registrar of Legislative Instruments kept under the Legislative Instruments Act 2003.

Definitions

(2) In these Directions:

the Act means the Workplace Relations Act 1996;

commencing litigation means lodging with a court or tribunal, including the Australian Industrial Relations Commission, the document or documents necessary to institute proceedings, whether civil or criminal, where the proceedings are instituted in the exercise of powers and performance of functions under the Act or Regulations;

OWO means the Office of the Workplace Ombudsman, a Statutory Agency established under s166P of the Act;

the Regulations mean the Workplace Relations Regulations 2006;

SES officer has the meaning in section 34 of the Public Service Act 1999 and includes a person acting in the capacity of an SES officer;

workplace inspector has the meaning in subsection 4(1) of the Act;

Commencing or Intervening in Litigation

(3) Before commencing litigation or intervening in litigation relating to an alleged breach of the Act or the Regulations a workplace inspector must obtain my consent or the consent of an SES officer in the OWO approved by me to give consent.

(4) In any case, a workplace inspector must not commence or intervene in litigation relating to an alleged breach of the Act or the Regulations where, in the opinion of an SES officer mentioned in clause 3, the litigation is in respect of a trivial or minor contravention of the Act or the Regulations.

Dated this 4th day of July 2007

Nicholas Paul Wilson

WORKPLACE OMBUDSMAN