Victorian Consolidated Legislation

OUTWORKERS (IMPROVED PROTECTION) ACT 2003

No. 22 of 2003
Version incorporating amendments as at 1 July 2009

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purposes
   2.      Commencement
   3.      Definitions

   PART 2-PROTECTION OF OUTWORKERS

           Division 1-Outworkers as employees

   4.      Outworkers are employees for the purposes of certain laws

           Division 2-Unpaid remuneration

   5.      Definitions
   6.      Claims by outworkers for unpaid remuneration
   7.      Liability of apparent employer for unpaid remuneration for which an unpaid remuneration claim has been made
   8.      Liability of actual employer for unpaid remuneration for which an unpaid remuneration claim has been made
   9.      Recovery of amount of unpaid remuneration
   10.     Offences relating to unpaid remuneration claims and referred claims
   11.     Effect of sections 5 to 10.
   12.     Liability of principal contractor for remuneration payable to outworkers of subcontractor
   13.     Written statements for the purposes of section 12.
   14.     Operation of section 12.

           Division 3-Minimum conditions

   14A.    Minimum conditions for outworkers

   PART 3-ENSURING ETHICAL CLOTHING INDUSTRY OUTWORK PRACTICES

           Division 1-Ethical Clothing Trades Council of Victoria

   15.     Establishment and functions
   16.     Membership
   17.     Chairperson
   18.     Constitution and procedure
   19.     Quarterly reports
   20.     Report on implementation of ethical outwork practices
   21.     Assistance for Council

           Division 2-Mandatory code of practice

   22.     When can a mandatory code of practice be made?
   23.     What can the mandatory code contain?
   24.     How is the mandatory code made?
   25.     Effect of the mandatory code
   26.     Variation and revocation
   27.     Availability of the mandatory code
   28.     Competition policy authorisation
   29.     Exemptions

   PART 4-COMPLIANCE

           Division 1-Information services officers

   30.     What are the functions of information services officers?
   31.     Appointment of information services officers
   32.     Identity cards
   33.     Police to assist information services officers
   34.     When may powers be exercised?
   35.     Power of entry
   36.     Powers on entry
   37.     Power to require production of documents
   38.     Retention of documents
   39.     Confidentiality

           Division 2-Entry and inspection by union officials

   40.     Definitions and purpose of Division
   41.     Investigating suspected contraventions of Act
   42.     Discussions with outworkers
   43.     Conduct not authorised under sections 41 and 42.
   44.     Entry with Court order
   45.     Issue of permits
   46.     Revocation of permits
   47.     Conduct attracting civil penalties
   48.     Civil penalties
   49.     Application and enforcement of civil penalties

           Division 3-Victimisation

   50.     Prohibition of victimisation

           Division 4-Other offences

   51.     Failing to produce documents, hindering information services officers and giving them false information
   52.     Protection against self-incrimination
   53.     Impersonation of information services officer

           Division 5-Prosecutions, evidence and recovery of money

   54.     Proceedings for offences to be brought in Industrial Division of the Magistrates' Court
   55.     Who can prosecute under this Act?
   56.     Judicial notice of signatures
   57.     Repealed
   58.     Conduct of agents imputed to corporations
   59.     Reverse onus of proof in certain cases
   60.     Recovery of money owed
   61.     Court may order payment of arrears on finding of guilt
   62.     Representation in Magistrates' Court proceedings
   63.     Proceedings by and against unincorporated clubs

   PART 5-GENERAL

   64.     Review of Act
   65.     Regulations
           __________________
           SCHEDULE-Constitution and Procedure of Council

   PART 1-CONSTITUTION
   1. Period of office of members
   2. Payment of members
   3. Acting members
   4. Resignation and removal
   5. Effect of other Acts

   PART 2-PROCEDURE
   6. General procedure
   7. Conflicts of interest
   8. Resolutions without meetings
   9. Effect of a vacancy or defect
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details