Australia > General provisions

Australia - General provisions - Law, Act

Criminal Code Amendment (Protecting Minors Online) Act 2017 (No. 50, 2017). -

Adoption: 2017-06-22 | AUS-2017-L-105253

Australia - General provisions - Law, Act

Enhancing Online Safety for Children Amendment Act 2017 (No. 51, 2017). -

Adoption: 2017-06-22 | AUS-2017-L-105254

Australia - General provisions - Law, Act

Human Rights Legislation Amendment Act 2017 (No. 32, 2017). -

Adoption: 2017-04-12 | AUS-2017-L-105249

Australia - General provisions - Regulation, Decree, Ordinance

Industrial Relations (Transitional) Regulation 2017 SL No. 25. -

Adoption: 2017-02-24 | Date of entry into force: 2017-03-01 | AUS-2017-R-105351

The main purpose of this regulation is to provide for the continued operation of the Industrial Relations Regulation 2011, with particular changes necessary to enable its operation under the Act, for a transitional period after the repeal of the Industrial Relations Act 1999.

Australia - General provisions - Law, Act

Youth Justice Administration Act 2016 (No. 6 of 2016). -

Adoption: 2016-09-08 | AUS-2016-L-105375

An Act to provide for the establishment and management of training centres and community based supervision services; to make related or consequential amendments to various other Acts; and for other purposes.

Australia - General provisions - Law, Act

Freedom of Information Act 2016 (A2016-55). -

Adoption: 2016-08-26 | Date of entry into force: 2018-01-01 | AUS-2016-L-105320

An Act to give public access to government information, and for other purposes.

Australia - General provisions - Law, Act

Family Violence Act 2016 (A2016-42). -

Adoption: 2016-08-18 | Date of entry into force: 2017-05-01 | AUS-2016-L-105318

Australia - General provisions - Law, Act

Industrial Relations Act 2016 (No. 63 of 2016). -

Adoption: 2016 | Date of entry into force: 2017-08-31 | AUS-2016-L-105350

Chapter 1 Preliminary
Chapter 2 Modern employment conditions
Chapter 3 Modern awards
Chapter 4 Collective bargaining
Chapter 5 Equal remuneration
Chapter 6 Industrial disputes
Chapter 7 Employees bullied in the workplace
Chapter 8 Rights and responsibilities of employees, employers, organisations etc.
Chapter 9 Records and wages
Chapter 10 Fees charged by private employment agents
Chapter 11 Industrial tribunals and registry
Chapter 12 Industrial organisations and associated entities
Chapter 13 Enforcement
Chapter 14 General offences
Chapter 15 Application to State and employees of the State
Chapter 16 Employers declared not to be national system employers
Chapter 17 General provisions
Chapter 18 Repeal and transitional provisions

Australia - General provisions - Law, Act

Enhancing Online Safety Act 2015 (No. 24, 2015). -

Adoption: 2015-07-03 | AUS-2015-L-105255

Australia - General provisions - Law, Act

Constitution (Recognition of Aboriginal Peoples) Amendment Act 2013 (No 8 of 2013). -

Adoption: 2013-03-28 | AUS-2013-L-102414

Australia - General provisions - Law, Act

Civil Unions Act 2012 (A2012-40). -

Adoption: 2012-09-04 | Date of entry into force: 2013-11-07 | AUS-2012-L-93137

Enables couples who are unable to marry under the Commonwealth Marriage Act 1961 to enter into a legally recognised relationship.

Part 1 - Preliminary
Part 2 - Civil unions
Part 3 - Civil union celebrants
Part 4 - Notification and review of decisions
Part 5 - Miscellaneous
Part 6 - Transitional

Australia - General provisions - Law, Act

Crimes (Criminal Organisations Control) Act 2012 No 9. -

Adoption: 2012-03-21 | AUS-2012-L-93178

An Act to provide for the making of declarations and orders for the purpose of disrupting and restricting the activities of criminal organisations and their members; to make related amendments to various Acts; and for other purposes.

Australia - General provisions - Law, Act

Human Rights (Parliamentary Scrutiny) Act 2011 (Act No. 186 of 2011). -

Adoption: 2011-12-07 | AUS-2011-L-98609

Australia - General provisions - Law, Act

Working with Vulnerable People (Background Checking) Act 2011 (A2011-44). -

Adoption: 2011-11-08 | AUS-2011-L-105326

Australia - General provisions - Law, Act

Crimes (Protection of Witness Identity) Act 2011 (A2011-46). -

Adoption: 2011-11-07 | Date of entry into force: 2011-11-08 | AUS-2011-L-105312

Australia - General provisions - Law, Act

Smoking in Cars with Children (Prohibition) Act 2011 (A2011-40). -

Adoption: 2011-11-01 | Date of entry into force: 2012-05-01 | AUS-2011-L-105324

Australia - General provisions - Regulation, Decree, Ordinance

Fair Work (Transitional Provisions and Consequential Amendments) Amendment Regulations 2011 (No. 1) Repeal Regulations 2011 (SLI 2011 No. 178). -

Adoption: 2011-09-29 | Date of entry into force: 2011-09-30 | AUS-2011-R-88555

These Regulations repeal the Fair Work (Transitional Provisions and Consequential Amendments) Amendment Regulations 2011 (No. 1) (the existing Regulations). The existing Regulations were made on 4 August 2011 and would otherwise commence on 1 October 2011.

The existing Regulations prescribe a 2009 decision of the Queensland Industrial Relations Commission (QIRC) entitled Queensland Services, Industrial Union of Employees AND Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers and Others (A/2008/5) (the QIRC decision) as the source order for the TPEO. The existing Regulations also prescribe a list of employers to whom the TPEO applies, and makes arrangements for back payments in accordance with the TPEO to 1 January 2010 in scheduled instalments.

The QIRC decision applied to social and community services (SACS) sector employers in the Queensland industrial relations system (i.e. employers not covered at that time by the federal workplace relations system) and their employees. Following the QIRC decision, the Queensland Government committed an additional $414 million over four years to a range of employers across the Queensland SACS sector.

With effect from 1 January 2010, the Queensland Parliament referred to the Commonwealth power to extend the Fair Work Act 2009 (the Fair Work Act) to all private sector employers and their employees otherwise outside its scope.

At the time of the QIRC decision, a number of Queensland SACS sector employers who received supplementary funding from the Queensland Government were respondents to federal transitional awards made under the conciliation and arbitration power of the Constitution (the Social and Community Services (Queensland) Award 2001 and the Crisis Assistance Supported Housing (Queensland) Award 1999). The QIRC decision would have applied to these employers from 27 March 2011 (when transitional awards expired) had Queensland not referred workplace relations matters to the Commonwealth.

The Queensland Government asked the Commonwealth to extend the effect of the QIRC decision to these employers and their employees. Item 43 of Schedule 3 to the T&C Act provided a framework to do this.

The existing Regulations, which are expressed to commence on 1 October 2011, were made to give effect to this request but were subsequently subject to a notice of disallowance motion in the Senate.

The Regulations repeal the existing Regulations before they come into operation, therefore no rights or obligations arise under the existing Regulations.

Australia - General provisions - Law, Act

Fair Work (State Declarations - employer not to be national system employer) Endorsement 2011 (No.1). -

Adoption: 2011-06-22 | Date of entry into force: 2011-07-01 | AUS-2011-L-88563

SECTIONS:
1 Name of Endorsement
2 Commencement
3 Definition
4 Endorsement of State Declarations

SCHEDULE 1 - Employers declared by or under a law of a State not to be a national system employer
- Part 1 Employers declared by or under a law of New South Wales not to be a national system employer

Australia - General provisions - Law, Act

Public and Environmental Health Act 2011 (Act No. 7, 2011). -

Adoption: 2011-03-16 | Date of entry into force: 2011-07-01 | AUS-2011-L-93284

Part 1 Preliminary matters
Part 2 Public health risk activities
Part 3 Public health nuisances
Part 4 Public health notices and orders
Part 5 Special powers
Part 6 Administration
Part 7 Guidelines and standards
Part 8 Reviews and appeals
Part 9 General offences and procedural matters
Part 10 Miscellaneous matters
Part 11 Repeals and transitional matters

Schedule 1 Reviewable decisions and affected persons
Schedule 2 Repealed Acts

Australia - General provisions - Miscellaneous (circular, directive, legal notice, instruction, etc.)

Fair Work Australia Rules 2010. -

Adoption: 2010-12-17 | AUS-2010-M-88554

PART 1 - GENERAL
1. Name of Rules
2. Commencement
3. Definitions
4. Relief from Rules
5. Directions on procedure
6. Forms
7. Lodging documents with FWA
8. Requirement to serve documents lodged with FWA
9. How service is effected
10. Substituted service
11. Electronic signatures
PART 2 - APPEALS AND REVIEWS
12. Appeals
13. Review on application by Minister
13A. Other review
PART 3 - UNFAIR DISMISSAL
14. Applications may be made by telephone
14A. Employer response to an application for an unfair dismissal remedy
15. Objection to an application for unfair dismissal remedy
16. Security for the payment of costs
PART 4 - GENERAL PROTECTIONS APPLICATIONS
16A. Employer response to a general protections application
PART 5 - TAKE-HOME PAY ORDER APPLICATIONS
16B. Employer response to a take-home pay order application
PART 6 - PRACTICE
17. Notice of representative commencing or ceasing to act
18. Order to witness to attend
19. Order for production of documents
20. Lodging documents by email
21. Lodging documents by fax
PART 7 - MISCELLANEOUS
22. Seal of FWA
23. Recovery of cost of providing copies of documents
PART 8 - TRANSITIONAL
24. WR Act applications
Part 9 Repeal
25. Fair Work Australia Rules 2009

Australia - General provisions - Miscellaneous (circular, directive, legal notice, instruction, etc.)

Fair Work (State Declarations - employer not to be national system employer) Endorsement 2010 (No. 2). -

Adoption: 2010-11-08 | Date of entry into force: 2010-12-01 | AUS-2010-M-88562

SECTIONS:
1 Name of Endorsement
2 Commencement
3 Definition
4 Endorsement of State Declarations

SCHEDULE 1 - Employers declared by or under a law of a State not to be a national system employer
Part 1 - Employers declared by or under a law of Queensland not to be a national system employer

Australia - General provisions - Law, Act

Public Interest Disclosure Act 2010, No. 38. -

Adoption: 2010-09-20 | Date of entry into force: 2011-01-01 | AUS-2011-L-105372

The main objects of this Act are—
(a) to promote the public interest by facilitating public interest disclosures of wrongdoing in the public sector; and
(b) to ensure that public interest disclosures are properly assessed and, when appropriate, properly investigated and dealt with; and
(c) to ensure that appropriate consideration is given to the interests of persons who are the subject of a public interest disclosure; and
(d) to afford protection from reprisals to persons making public interest disclosures.

Repeals the Whistleblowers Protection Act 1994, No. 68

Australia - General provisions - Law, Act

Fair Work (State Declarations - employer not to be national system employer) Endorsement 2010 (No. 1). -

Adoption: 2010-07-13 | Date of entry into force: 2010-07-15 | AUS-2010-L-88561

SECTIONS:
1 Name of Endorsement
2 Commencement
3 Definition
4 Endorsement of State Declarations

SCHEDULE 1 - Employers declared by or under a law of a State not to be a national system employer
- Part 1 Employers declared by or under a law of South Australia not to be a national system employer

Australia - General provisions - Law, Act

Crimes (Surveillance Devices) Act 2010 (A2010-23). -

Adoption: 2010-07-07 | Date of entry into force: 2011-01-07 | AUS-2010-L-105316

Australia - General provisions - Law, Act

Freedom of Information Amendment (Reform) Act 2010 (No. 51, 2010). -

Adoption: 2010-05-31 | AUS-2010-L-84648

Makes amendments to various Acts concerning access to information.

Australia - General provisions - Law, Act

Australian Information Commissioner Act 2010 (No. 52, 2010). -

Adoption: 2010-05-31 | AUS-2010-L-84651

Establishes the Office of the Australian Information Commissioner.

Australia - General provisions - Law, Act

Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Act 2010 (No. 37, 2010). -

Adoption: 2010-04-13 | AUS-2010-L-84653

Inserts a new Division 274 into the Criminal Code Act 1995 concerning torture. Repeals the Crimes (Torture) Act 1988.

Australia - General provisions - Law, Act

Crimes Amendment (Working With Children - Criminal History) Act 2010 (No. 28, 2010). -

Adoption: 2010-03-25 | AUS-2010-L-84658

Amends the Crimes Act 1914 in order to help protect children from sexual, physical and emotional harm by permitting criminal history information to be disclosed and taken into account in assessing the suitability of persons for work with children.

Australia - General provisions - Regulation, Decree, Ordinance

Fair Work (State Referral and Consequential and Other Amendments) Regulations 2009 (SLI 2009 No. 165). -

Adoption: 2010-01-01 | AUS-2010-R-88557

These Regulations are made to implement item 2 of Schedule 20 to the Fair Work (State Referral and Consequential and Other Amendments) Act 2009.
The Regulations make amendments to the following Acts:
- Part 1 of Schedule 1 amends the Builders Labourers' Federation (Cancellation of Registration - Consequential Provisions) Act 1986.
- Schedule 2 amends the Fair Work (State Referral and Consequential and Other Amendments) Act 2009.
- Part 2 of Schedule 1 amends the Occupational Health and Safety Act 1991.
- Part 3 of Schedule 1 amends the Occupational Health and Safety (Safety Arrangements) Regulations 1991.
- Part 4 of Schedule 1 amends the Occupational Health and Safety (Maritime Industry) Act 1993.
- Part 5 of Schedule 1 amends the Occupational Health and Safety (Maritime Industry) Regulations 1995.
- Part 6 of Schedule 1 amends the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
- Part 7 of Schedule 1 amends the Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993.

Australia - General provisions - Miscellaneous (circular, directive, legal notice, instruction, etc.)

Fair Work (State Declarations - employers not to be national system employers) Endorsement 2009. -

Adoption: 2009-12-17 | Date of entry into force: 2010-01-01 | AUS-2009-M-88560

SECTIONS:
1 Name of Endorsement
2 Commencement
3 Definition
4 Endorsement of State Declarations

SCHEDULE 1 - Employers declared by or under a law of a State not to be a national system employer
- Part 1 Employers declared by or under a law of New South Wales not to be a national system employer
- Part 2 Employers declared by or under a law of Queensland not to be a national system employer
- Part 3 Employers declared by or under a law of South Australia not to be a national system employer

Australia - General provisions - Law, Act

Fair Work Amendment (State Referrals and Other Measures) Act 2009 (No. 124, 2009). -

Adoption: 2009-12-14 | AUS-2009-L-88553

Amends the Fair Work Act 2009 to give effect to state government referrals of certain workplace relations matters to the Commonwealth (where those referrals occur between 1 July 2009 and 1 January 2010).
Allows state governments to retain workplace relations powers in relation to state public sector employees and local government employees if they choose to do so.

Australia - General provisions - Law, Act

Right to Information Act 2009 (No. 70 of 2009). -

Adoption: 2009-12-07 | AUS-2009-L-105394

An Act to give members of the public the right to obtain information contained in the records of the Government and public authorities and for related purposes.

Australia - General provisions - Law, Act

Crimes (Assumed Identities) Act 2009 (A2009-33). -

Adoption: 2009-09-22 | Date of entry into force: 2010-03-22 | AUS-2009-L-105308

Australia - General provisions - Law, Act

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (No. 55, 2009). -

Adoption: 2009-06-25 | AUS-2009-L-82507

Repeals the current Workplace Relations Act 1996 and sets out sensible and practical transitional provisions for the movement of employers and employees into the new system regulated under the Fair Work Act.

Schedule 1 - Repeals [repeals the Workplace Relations Act 1996 1 Sections 3 to 18, Parts 2 to 23 and Schedules 2 to 9]
Schedule 2 - Overarching Schedule about transitional matters
Schedule 3 - Continued existence of awards, workplace agreements and certain other WR Act instruments
Schedule 4 - National Employment Standards
Schedule 5 - Modern awards (other than enterprise awards)
Schedule 6 - Modern enterprise awards
Schedule 7 - Enterprise agreements and workplace determinations made under the FW Act
Schedule 8 - Workplace agreements and workplace determinations made under the WR Act
Schedule 9 - Minimum wages
Schedule 10 - Equal remuneration
Schedule 11 - Transfer of business
Schedule 12 - General protections
Schedule 12A - Unfair dismissal
Schedule 13 - Bargaining and industrial action
Schedule 14 - Right of entry
Schedule 15 - Stand down
Schedule 16 - Compliance
Schedule 17 - Amendments relating to the Fair Work Divisions of the Federal Court and the Federal Magistrates Court
Schedule 18 - Institutions
Schedule 19 - Dealing with disputes
Schedule 20 - WR Act transitional awards etc.
Schedule 21 - Clothing Trades Award 1999
Schedule 22 - Registered organisations
Schedule 23 - Other amendments of the FW Act

Australia - General provisions - Law, Act

Fair Work (State Referral and Consequential and Other Amendments) Act 2009 (No. 54, 2009). -

Adoption: 2009-06-25 | AUS-2009-L-82508

The Fair Work (State Referral and Consequential and Other Amendments) Act 2009 amends the Fair Work Act 2009 (FW Act) to enable States to refer matters to the Commonwealth to establish a national workplace relations system. The Act makes transitional arrangements for Victorian employees and employers, who were covered by the Workplace Relations Act 1996 as a result of a reference of power and who are covered by a new reference of power.

This Act also makes transitional and consequential amendments to other Commonwealth legislation required as a result of the FW Act and the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

Australia - General provisions - Law, Act

Fair Work Act 2009 (No. 28, 2009). -

Adoption: 2009-04-07 | Date of entry into force: 2009-07-01 | AUS-2009-L-81591

Chapter 1 - Introduction
Chapter 2 - Terms and conditions of employment
Chapter 3 - Rights and responsibilities of employees, employers, organizations etc.
Chapter 4 - Compliance and enforcement
Chapter 5 - Administration
Chapter 6 - Miscellaneous
Schedule 1 - Transitional provisions

The Fair Work Act (FWA):
- replaces the Australian Fair Pay and Conditions Standard with a more comprehensive "safety net" of minimum terms and conditions regulated by legislation in the form of the National Employment Standards (NES) and the new "modern awards" which come into force on 1 January 2010;
- establishes a new institutional framework for the administration of the federal industrial relations system, with Fair Work Australia (FWA) and the Fair Work Ombudsman replacing the tribunals, agencies and courts that formerly had a role in making and enforcing employment terms and conditions;
- makes key changes to the system of enterprise bargaining to provide for a greater role for unions in collective bargaining and for FWA in overseeing the bargaining process; and
- enhances protections dealing with workplace and industrial rights (such as freedom of association) and unfair dismissal laws.

The FWA applies nationally to all employment by constitutional corporations. With respect to certain States the Act applies:
- in Victoria, ACT and the Northern Territories to all other employment;
- in New South Whales, Queensland and South Australia to all other private sector employment (from 1 January 2010)
- in Tasmania to all other private sector and local government employment (from 1 January 2010).

The FWA does not apply:
- in Western Australia to state public sector and local government employment and employment by non-constitutional corporations in the private sector
- in New South Wales, Queensland and South Australia to state public sector and local government employment
- in Tasmania to state public sector employment.

Australia - General provisions - Law, Act

Federal Court of Australia Amendment (Criminal Jurisdiction) Act 2009 (No. 106 of 2009). -

Adoption: 2009 | AUS-2009-L-82885

Makes provision for the exercise of certain criminal jurisdiction by the Federal Court of Australia.

Australia - General provisions - Regulation, Decree, Ordinance

Fair Work Regulations 2009 (S.L.I 2009 No. 112). -

Adoption: 2009 | AUS-2009-R-87913

Implements the Fair Work Act.

Australia - General provisions - Law, Act

Criminal Organisation Act 2009. -

Adoption: 2009 | AUS-2009-L-97951

An Act to provide for the making of declarations and orders for the purpose of disrupting and restricting the activities of organisations involved in serious criminal activity, and of their members and associates, and to make related amendments to other Acts.

Australia - General provisions - Law, Act

Fair Work (Commonwealth Powers) and Other Provisions Act 2009. -

Adoption: 2009 | AUS-2009-L-97953

An Act to refer particular matters relating to workplace relations to the Parliament of the Commonwealth for the purposes of section 51(xxxvii) of the Commonwealth Constitution.

Australia - General provisions - Law, Act

Climate Change (State Action) Act 2008 (No. 36 of 2008). -

Adoption: 2008-10-27 | AUS-2008-L-81987

An Act for certain measures to help the State address the challenges of climate change and contribute to the broader national and international response to those challenges and for related purposes.

Australia - General provisions - Law, Act

Crimes (Controlled Operations) Act 2008 (A2008-32). -

Adoption: 2008-08-18 | Date of entry into force: 2008-08-19 | AUS-2008-L-105310

Australia - General provisions - Law, Act

Crimes (Domestic and Personal Violence) Act 2007 No 80. -

Adoption: 2007-12-07 | AUS-2007-L-93179

An Act to protect persons from domestic and personal violence; to repeal Part 15A of the Crimes Act 1900; and to make consequential amendments to other Acts and instruments.

Australia - General provisions - Law, Act

Statutes Amendment (Young Offenders) Act 2007 (No. 57 of 2007). -

Adoption: 2007-11-29 | AUS-2007-L-81891

Makes amendments to the Criminal Law Consolidation Act 1935, the Criminal Law (Sentencing) Act 1988, and the Young Offenders Act 1993, concerning making provision for serious repeat offending by young people.

Australia - General provisions - Law, Act

Statutes Amendment (Victims of Crime) Act 2007 (No. 48 of 2007). -

Adoption: 2007-11-08 | AUS-2007-L-81889

Makes amendments to the Bail Act 1985 (section 10A - presumption against bail in certain cases); the Correctional Services Act 1982 (section 5 - Victims Register); the Evidence Act 1929 (inserts new section 29A concerning victim who is a witness entitled to be present in court unless court orders otherwise); the Victims of Crime Act 2001 (sections 3, 4, 5, 7 (right to have perceived need for protection taken into account in bail proceedings), 8, 9A (victim of serious offence entitled to be consulted in relation to certain decisions) and 9B (victim's entitlement to be present in court), 10A (victim may request consideration of appeal), 18 and 20(compensation)); and the Youth Court Act 1993 (section 24 - persons who may be present in court).

Australia - General provisions - Law, Act

Privacy Legislation Amendment Act (No. 99, 2006).

Adoption: 2006-09-14 | AUS-2006-L-79757

Inserts new section 135AC concerning the authorisation of collection of particular health information.

Australia - General provisions - Law, Act

Corrective Services Act 2006 No. 29. -

Adoption: 2006-06-01 | AUS-2006-L-97983

Australia - General provisions - Law, Act

Family Law Amendment (Shared Parental Responsibility) Act 2006 (No. 46, 2006).

Adoption: 2006-05-22 | AUS-2006-L-73989

Amends the Family Law Act 1975 concerning parental responsibility.
Schedule 1 - Shared parental responsibility
Schedule 2 - compliance regime
Schedule 3 - Amendments relating to the conduct of child-related proceedings
Schedule 4 - Changes to dispute resolution
Schedule 5 - Representation of child's interests by independent children's lawyer
Schedule 6 - Family violence
Schedule 7 - Jurisdiction of courts
Schedule 8 - Removal of references to residence and contact
Schedule 9 - Relocation of defined terms used in Part VII
Schedule 10 - Orders of non-judicial officers of State courts of summary jurisdiction

Australia - General provisions - Law, Act

Workplace Relations Amendment (Work Choices) Act 2005 (No. 153, 2005). -

Adoption: 2005-12-14 | AUS-2005-L-72561

Amends the Workplace Relations Act 1996. Creates a national workplace relations system, including the establishment of the Australian Fair Pay Commission (AFPC) which will set and adjust minimum and award classification wages, minimum conditions of employment; direct bargaining between employers and employees; the role of the Australian Industrial Relations Commission, particularly in relation to regulation of industrial action; a simplified system of awards; transmission of business rules; protection of key award conditions in bargaining processes; dispute settlement procedures; extension of the compliance regime and transitional arrangements.

Australia - General provisions - Law, Act

Anti-terrorism Act (No. 2) 2005 (No. 144, 2005). -

Adoption: 2005-12-14 | AUS-2005-L-72989