Magistrates' Court (Outworkers) Rules 2026

The object of these Rules is to make provision for applications to the Court under Division 2 of Part 4 of the Outworkers (Improved Protection) Act 2003.

These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers.

These Rules come into operation on 3 May 2026.

The Magistrates' Court (Outworkers) Rules 2016^[1] are revoked.

The Magistrates' Court General Civil Procedure Rules 2020^[2] do not apply to any application referred to in these Rules.

An application to the Court under section 44(1) of the Outworkers (Improved Protection) Act 2003 for an order must be in Form 1.

An application to the Court under section 45 of the Outworkers (Improved Protection) Act 2003 for the issue of a permit must be in Form 2.

An application to the Court under section 46 of the Outworkers (Improved Protection) Act 2003 for the revocation of a permit must be in Form 3.

The registrar must fix a date for the hearing of an application under section 46 of the Outworkers (Improved Protection) Act 2003 that is no later than 28 days after the application has been filed in the Court.

Form 1—Application for order

Rule 6

Application for Order

Outworkers (Improved Protection) Act 2003

Section 44(1)

TO: The Registrar of the Magistrates' Court at [venue]

1. I, [name of applicant] of [address], an *officer/*employee of the [name of Union], hold a permit that was issued under section 45 of the Outworkers (Improved Protection) Act 2003 by the Magistrates' Court at [venue] on [date]. The permit remains in force.

2. Pursuant to section 44(1) of that Act, I apply for the following orders—

[Set out details of the orders being sought, e.g. that the Court order that the requirement to give [name of occupier of premises] notice of my intention to enter premises at [address of premises], or exercise powers, on [date] be waived].

Dated:

[Signed]

Signature of applicant

*Delete if inapplicable

HEARING OF APPLICATION

This application will be heard by the Court at [venue] on [date].

Filed at:

Date:

Form 2—Application for issue of permit

Rule 7

Application for Issue of Permit

Outworkers (Improved Protection) Act 2003

Section 45

TO: The Registrar of the Magistrates' Court at [venue]

I, [name of applicant], being the secretary of the [name of Union] of [address of Union], which is a Union as defined in section 40(1) of the Outworkers (Improved Protection) Act 2003, apply for a permit to be issued to [name of officer or employee of the Union] by the Court under section 45 of that Act.

Dated:

[Signed]

Signature of applicant

Filed at:

Date:

Form 3—Application for revocation of permit

Rule 8

Application for Revocation of Permit

Outworkers (Improved Protection) Act 2003

Section 46

TO: The Registrar of the Magistrates' Court at [venue]

[Name of employer]

or

[Name of organisation of employers]

or

[Name of information services officer]

applies for a permit issued by the Court under section 45 of the Outworkers (Improved Protection) Act 2003 to [name of permit holder] to be revoked.

GROUNDS FOR APPLICATION

The grounds for the application are—

[Set out grounds. An application to revoke a permit must set out the grounds on which the application is made—refer to section 46(2) of the Outworkers (Improved Protection) Act 2003].

HEARING OF APPLICATION

This application will be heard by the Court at [venue] on [date].

Filed at:

Date:

Dated: 22 April 2026

LISA HANNAN, Chief Magistrate

TIM BOURKE, Deputy Chief Magistrate

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