Revised Explanatory Memorandum
(Circulated by authority of the Minister for Employment and Workplace Relations, the Hon Bill Shorten MP)Outline and financial impact
Outline
The Road Safety Remuneration (Consequential Amendments and Related Provisions) Bill 2012 contains a consequential amendment and transitional provisions in relation to the new road transport regulation system set out in the Road Safety Remuneration Bill (the RSR Bill).
This Bill:
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- makes a consequential amendment to the Administrative Decisions (Judicial Review) Act 1977 so that the decisions made under the RSR Bill will be excluded from the operation of that Act;
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- makes provision for the application of the Bill to certain disputes to the effect that those disputes can only be dealt with on or after the commencement of the RSR Bill; and
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- provides that the Tribunal must not deal with a dispute under Part 4 of the Road Safety Remuneration Act 2012 before 1 January 2013, unless it is satisfied that exceptional circumstances exist in relation to the dispute.
Financial impact statement
The cost of establishing the Road Safety Remuneration System is $11.77 million over four years commencing in 2011-12. These costs will be fully offset by the Department of Education, Employment and Workplace Relations.
Notes on clauses
Clause 1 - Short title
1. This is a formal provision specifying the short title.
Clause 2 - Commencement
2. This clause provides that the provisions of the Bill will commence at the same time as the commencement of the Road Safety Remuneration Bill.
Clause 3 - Schedule(s)
3. This clause provides that an Act that is specified in a Schedule is amended or repealed as set out in that Schedule, and any other item in a Schedule operates according to its terms.
Schedule 1 - Amendments
Administrative Decisions (Judicial Review) Act 1977
Item 1 - Paragraph (a) of Schedule 1
4. This item contains amendments to Schedule 1 of the Administrative Decisions (Judicial Review Act 1977 (the ADJR Act) that are consequential upon the enactment of the Road Safety Remuneration Act 2012.
5. Paragraph (a) of Schedule 1 to the ADJR Act excludes certain classes of decisions from administrative review under the ADJR Act. This currently includes decisions under the Fair Work Act 2009, the Fair Work (Registered Organisations) Act 2009, the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, the Workplace Relations Act 1996 and the Building and Construction Industry Improvement Act 2005.
6. This item will add a reference to the Road Safety Remuneration Act 2012 to paragraph (a) of Schedule 1 to the ADJR Act. This means that decisions made under the Road Safety Remuneration Act 2012 will be excluded from the application of the ADJR Act.
7. Decisions of the Road Safety Remuneration Tribunal and the Fair Work Ombudsman will, however, be subject to judicial review by means of prerogative writ.
Schedule 2 - Application provisions
Item 1A - Application of Part 4 of the Road Safety Remuneration Act 2012
8. This item provides the Road Safety Remuneration Tribunal (the Tribunal) must not deal with a dispute under Part 4 of the Road Safety Remuneration Act 2012 before 1 January 2013, unless it is satisfied that exceptional circumstances exist in relation to the dispute. It would provide that a person who is entitled to make an application in relation to a dispute under paragraph 40(1)(b) of the Road Safety Remuneration Act 2012 may, by application to the Tribunal, request the Tribunal to consider whether exceptional circumstances exist in relation to the dispute.
Item 1 - Disputes involving employee road transport drivers
9. This item provides that a dispute about a former employer dismissing a driver can only be about a dismissal that happens after the commencement of the Road Safety Remuneration Act 2012.
Item 2 - Disputes involving independent contractor road transport drivers
10. This item provides that a dispute about a former hirer terminating a road transport contract can only be about a termination that happens after the commencement of the Road Safety Remuneration Act 2012.