Commonwealth of Australia Explanatory Memoranda

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ROAD SAFETY REMUNERATION (CONSEQUENTIAL AMENDMENTS AND RELATED PROVISIONS) BILL 2012

                                      2010-2011-2012




        THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                                      SENATE




  ROAD SAFETY REMUNERATION (CONSEQUENTIAL AMENDMENTS AND
                 RELATED PROVISIONS) BILL 2012



                   REVISED EXPLANATORY MEMORANDUM




THIS MEMORANDUM TAKES ACCOUNT OF AMENDMENTS MADE BY THE HOUSE
          OF REPRESENTATIVES TO THE BILL AS INTRODUCED




   (Circulated by authority of the Minister for Employment and Workplace Relations,
                                the Hon Bill Shorten MP)
Road Safety Remuneration (Consequential Amendments and Related Provisions) Bill 2012
Explanatory Memorandum - Outline

      ROAD SAFETY REMUNERATION (CONSEQUENTIAL AMENDMENTS AND
                     RELATED PROVISIONS) BILL 2012




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:

  ·   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;

  ·   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

  ·   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.
Road Safety Remuneration (Consequential Amendments and Related Provisions) Bill 2012
Explanatory Memorandum - Schedule 1 - Amendments

    ROAD SAFETY REMUNERATION (CONSEQUENTIAL AMENDMENTS AND
                   RELATED PROVISIONS) BILL 2012


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.
Road Safety Remuneration (Consequential Amendments and Related Provisions) Bill 2012
Explanatory Memorandum - Schedule 2 - Application provisions

                               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.