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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Industrial Relations Amendment (Leave
for Victims of Crime) Bill 2001
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Industrial Relations Act 1996 No 17 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2001
New South Wales
Industrial Relations Amendment (Leave
for Victims of Crime) Bill 2001
Act No , 2001
An Act to amend the Industrial Relations Act 1996 with respect to leave to attend
court proceedings by employees who are the victims of crime.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Industrial Relations Amendment (Leave for Victims of Crime) Bill 2001
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Industrial Relations Amendment (Leave for Victims of
Crime) Act 2001.
2 Commencement
This Act commences on the date of assent.
3 Amendment of Industrial Relations Act 1996 No 17
The Industrial Relations Act 1996 is amended as set out in Schedule 1.
Page 2
Industrial Relations Amendment (Leave for Victims of Crime) Bill 2001
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Chapter 2, Part 4B
Insert before Part 5 of Chapter 2:
Part 4B Leave for victims of crime
72AA Employees to whom Part applies
This Part applies to all employees, including part-time
employees and casual employees.
72AB Definitions
(1) In this Part:
court proceedings means proceedings before a court against a
person charged with a violent crime, including:
(a) committal proceedings, and
(b) sentencing proceedings, and
(c) proceedings on appeal, and
(d) proceedings on a back up offence or related offence (as
defined in section 35 of the Criminal Procedure Act
1986) in relation to the alleged violent crime, and
(e) any other proceedings prescribed by the regulations.
harm means actual physical bodily harm, mental illness or
nervous shock.
victim of crime means a person:
(a) who suffers harm as a direct result of an act committed,
or apparently committed, by another person in the
course of an alleged violent crime, or
(b) who is the parent, grandparent or guardian of a child
who suffers such harm (but only if the child is under the
age of 18 years at the time victims leave is taken), or
Page 3
Industrial Relations Amendment (Leave for Victims of Crime) Bill 2001
Schedule 1 Amendments
(c) who is a member of the immediate family of a person
who dies as a direct result of an act committed, or
apparently committed, by another person in the course
of an alleged violent crime.
victims leave means leave under this Part.
violent crime means a serious indictable offence involving
violence (including sexual or indecent assault).
Note. The Interpretation Act 1987 defines a serious indictable offence as
an indictable offence that is punishable by imprisonment for life or for a
term of 5 years or more.
(2) A member of the immediate family of a person is:
(a) the person's spouse, or
(b) a person who is in a de facto relationship (within the
meaning of the Property (Relationships) Act 1984) with
the person, or
(c) a parent or guardian, or step-parent, of the person, or
(d) a grandparent or step-grandparent of the person (a step-
grandparent being a step-parent of a parent of the
person), or
(e) a child or step-child of the person or some other child of
whom the person is the guardian, or
(f) a grandchild or step-grandchild of the person (a step-
grandchild being a step-child of a child of the person),
or
(g) a brother, sister, step-brother or step-sister of the person.
72AC Entitlement to unpaid victims leave
(1) An employee who is a victim of crime is entitled to unpaid
victims leave in connection with court proceedings relating to
the violent crime, as provided by this Part.
(2) This Part does not affect any other entitlement to paid or
unpaid leave of the employee.
Page 4
Industrial Relations Amendment (Leave for Victims of Crime) Bill 2001
Amendments Schedule 1
72AD Purposes for which victims leave may be taken
(1) Victims leave may be taken:
(a) for the purpose of attending court proceedings
scheduled in relation to the violent crime (whether or
not as a witness), and
(b) for the purpose of travelling to attend those court
proceedings if the victim usually resides more than 100
kilometres from the place where the proceedings are
scheduled to be held.
(2) Victims leave may be taken for a full working day for the
purpose of attending court proceedings even if the proceedings
are only scheduled for a part of the day or, without prior notice
to the employee, the proceedings do not proceed on the day on
which they were scheduled.
(3) Victims leave for the purpose of travel to attend court
proceedings is not to exceed one working day for the duration
of any stage of the court proceedings.
72AE Notices and documents required to be given to employer
(1) The notices and documents to be given to the employer for the
purpose of taking victims leave are as follows:
(a) the employee is to give at least one week's notice of the
intention to take the leave,
(b) if requested by the employer, the employee is to provide
to the employer a certificate from a police officer,
prosecutor or other relevant official confirming that the
employee is a victim of crime (within the meaning of
this Part) and the date or dates on which the court
proceedings will be held.
(2) An employee is not required to comply with this section if the
employee is not notified of the court proceedings in sufficient
time to give the required period of notice or if it was not
otherwise reasonably practicable to comply in the
circumstances.
Page 5
Industrial Relations Amendment (Leave for Victims of Crime) Bill 2001
Schedule 1 Amendments
72AF Return to work after victims leave
(1) An employee returning to work after a period of victims leave
is entitled to be employed in the position held by the employee
immediately before proceeding on leave.
(2) If the position no longer exists but there are other positions
available that the employee is qualified for and is capable of
performing, the employee is entitled to be employed in a
position as nearly as possible comparable in status and pay to
that of the employee's former position.
Note. See Part 6 of this Chapter and Part 1 of Chapter 5 for remedies
available to an employee who is dismissed or otherwise victimised for
claiming the benefit of victims leave.
72AG Miscellaneous provisions relating to victims leave
(1) Victims leave does not break an employee's continuity of
service, but any period of leave that exceeds 3 months is not to
be taken into account in calculating the employee's period of
service for any purpose.
(2) An employee may take any annual, long service or other leave
to which the employee is entitled instead of or in conjunction
with victims leave.
(3) This Part sets out the minimum entitlements of employees to
victims leave. The provisions of an industrial instrument,
contract of employment or other agreement (whether made or
entered into before or after the commencement of this Part) do
not have effect to the extent that they provide an employee with
a benefit that is less favourable to the employee than the benefit
to which the employee is entitled under this Part.
(4) This Part extends to persons employed on or after the
commencement of this Part and to violent crimes committed
before or after that commencement.
Page 6
Industrial Relations Amendment (Leave for Victims of Crime) Bill 2001
Amendments Schedule 1
[2] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 2 (1):
Industrial Relations Amendment (Leave for Victims of Crime)
Act 2001
Page 7
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