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2010-2011
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
ROAD SAFETY REMUNERATION (CONSEQUENTIAL AMENDMENTS AND
RELATED PROVISIONS) BILL 2011
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations,
Senator the Hon Chris Evans)
ROAD SAFETY REMUNERATION (CONSEQUENTIAL AMENDMENTS AND
RELATED PROVISIONS) BILL 2011
OUTLINE
The Road Safety Remuneration (Consequential Amendments and Related Provisions) Bill 2011
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:
· 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; and
· 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.
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.
ROAD SAFETY REMUNERATION (CONSEQUENTIAL AMENDMENTS AND
RELATED PROVISIONS) BILL 2011
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 This clause provides that an Act that is specified in a Schedule is amended or repealed as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 2011.
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 2011 to paragraph (a)
of Schedule 1 to the ADJR Act. This means that decisions made under the Road Safety
Remuneration Act 2011 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 1 - Disputes involving employee road transport drivers
8. 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 2011.
Item 2 - Disputes involving independent contractor road transport drivers.
9. 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 2011.