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Safeguard OSH Solutions - Thomson Reuters

Safeguard OSH Solutions - Thomson Reuters


2 Commencement

2
Commencement
(1)
Subpart 4 of Part 5 comes into force on the day after the date on which this Act receives the Royal assent.
(2)
The rest of this Act comes into force on 4 April 2016.

Commentary - Employment Law

HSW2.01
Date of commencement
The Act has a two-stage commencement enabling the machinery provisions of pt 5, subpt 4, and the making of regulations, to proceed in advance of the operational provisions of pts 2, 3 and 4 coming into effect on 4 April 2016. Compare the premature registration of unions in September 2000 prior to the statutory officer, the Registrar, having any statutory power to do so prior to the Employment Relations Act 2000 coming into force on 2 October 2000. The necessary remedial consequence was the Employment Relations (Validation of Union Registration and Other Matters) Amendment Act 2001, which retrospectively validated the premature registration of unions. A similar but different problem arose in 1991 under the Employment Contracts Act 1991, when entitlements and rights (such as making personal grievances accessible to all employees) came into effect on 15 May 1991, but the institutional machinery to hear and adjudicate on such matters (the Employment Tribunal) did not become empowered and effective until 19 August 1991. When the Tribunal came into existence and was able to sit, there was a backlog of cases waiting to be heard and that backlog was never cleared in the life of the Tribunal. The instant two-stage activation enables appropriate measures to be put in place prior to the duties and enforcement provisions “going live”.
The mechanism of a statute not yet in force, being brought into force by an internal provision of that statute, is enabled by the s 8 of the Interpretation Act 1999.

From OSH Legislation

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