Victorian Consolidated Legislation

Outworkers (Improved Protection) Act 2003 - SECT 15

Establishment and functions

15. Establishment and functions



(1) The Ethical Clothing Trades Council of Victoria is established.

(2) The Council has the functions conferred on it by or under this or any
other Act.

(3) In particular, and without limiting subsection (2), the Council has the
following functions in relation to the clothing industry-

   (a)  to advise and make recommendations to the Minister generally on the
        industry and outwork practices in the industry, including the impact
        of developments in the industry on outworkers;

   (b)  to advise the Minister on the level of compliance of sectors of the
        industry with their obligations (whether or not voluntarily
        undertaken) to ensure that outworkers receive their lawful
        entitlements;

   (c)  to make recommendations about the means by which compliance with those
        obligations might be encouraged and enforced;

   (d)  to foster the adoption and observance of self-regulatory mechanisms,
        such as the Homeworkers Code and other voluntary industry agreements,
        through consultation with the Code of Practice Committee, industry
        retailers and manufacturers, relevant industrial organisations and
        other interested persons and bodies;

   (e)  to support changes to the Homeworkers Code that the Council considers
        might increase its effectiveness in ensuring that outworkers receive
        their lawful entitlements;

   (f)  to promote, as may be appropriate, the Homeworkers Code, any similar
        voluntary industry code and any code made under this Act, and persons
        who comply with those codes;

   (g)  to facilitate consultation between industry retailers and relevant
        industrial organisations concerning the making and implementation of
        voluntary agreements relating to outwork practices in the industry;

   (h)  to conduct education programs and disseminate information relating to
        outworkers and the industry;

        (i)    to advise and make recommendations to the Minister on the
               operation, and any amendment to or revocation of, the mandatory
               code (if in force) and the scope of any exemptions that should
               be given by the regulations;

   (j)  to make the reports referred to in this Division.

(4) The Council may provide advice, and make recommendations, to the Minister
even though the Minister has not requested it to do so.

(5) In performing its functions, the Council-

   (a)  must consider, where relevant, anything done or published by the
        Ethical Clothing Trades Council of New South Wales; and

   (b)  is subject to the control and direction of the Minister, except in
        relation to any report given to the Minister under this Division.