Victorian Consolidated Legislation

Outworkers (Improved Protection) Act 2003 - SECT 60

Recovery of money owed

60. Recovery of money owed



(1) An outworker who is owed any money by an employer under relevant
industrial legislation, or under any contract of employment, may take
proceedings in the Industrial Division of the Magistrates' Court to recover
the money owing. The debt must arise out of the employment relationship.

(2) The proceedings must be started within 6 years after the outworker's
entitlement to the money arising.

(3) Before proceedings may be started under this section, the employer must be
given a written demand for the money owed.

(4) If the Court is satisfied that the employer-

   (a)  had reasonable notice of the outworker's claim; and

   (b)  had no reasonable grounds on which to dispute the claim; and

   (c)  in the circumstances should have paid the claim without the need for
        proceedings being taken to establish the validity of the claim-

the Court may order the employer to pay interest to the outworker on top of
any other amount to which the outworker is entitled.

(5) The interest must not be greater than the rate fixed under section 2 of
the Penalty Interest Rates Act 1983 that applies at the time the Court makes
the order.

(6) If a claim is made under this section by an outworker's personal
representative, subsections (4) and (5) apply despite anything to the contrary
in section 29 of the Administration and Probate Act 1958.