Owner-Drivers (Contracts and Disputes) Act 2007 (WA)

Western Australia Owner-Drivers (Contracts and Disputes) Act 2007 Western Australia Owner-Drivers (Contracts and Disputes) Act 2007 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Term used: owner-driver 1 5. Term used: owner‑driver contract 1 6. Application of Act 1 7. Act prevails over owner‑driver contracts 1 8. Act binds Crown 1 Part 2 — Content of owner‑driver contracts Division 1 — Prohibited provisions 9. Prohibited: pay if paid/when paid provisions 1 10. Prohibited: provisions requiring payment to be made after 30 days 1 10A. Prohibited: provisions allowing less than minimum notice period 1 11. Prohibited: prescribed provisions 1 12. Other provisions of contract not affected 1 Division 2 — Implied provisions 13. Time for payment 1 14. Interest on overdue payments 1 15. Making payment claims 1 15A. Minimum period of notice for terminating contract 1 16. Interpretation of implied provisions 1 Part 3 — Road Freight Transport Industry Council 17. Road Freight Transport Industry Council established 1 18. Membership of Council 1 19. Functions 1 20. Powers 1 21. Minister may give directions 1 22. Minister to have access to information 1 23. Constitution and proceedings of Council 1 24. Remuneration and allowances 1 25. Department to provide support services to Council 1 Part 4 — Code of conduct 26. Regulations may prescribe code of conduct 1 27. Content of code of conduct 1 Part 5 — Negotiations for owner‑driver contracts 28. Negotiating agents for owner‑drivers 1 29. Negotiating agents for hirers 1 Part 6 — Unconscionable conduct 30. Unconscionable conduct by hirers 1 31. Unconscionable conduct by owner‑drivers 1 31A. Unfair terms 1 Part 6A — Misleading or deceptive conduct 31B. Misleading or deceptive conduct by hirer 1 31C. Misleading or deceptive conduct by owner‑driver 1 Part 6B — Discrimination 31D. Discrimination against owner‑driver 1 Part 7 — Inspectors 32. Functions of inspectors 1 33. Obstructing or hindering inspector 1 Part 8 — Rights of entry, inspection and access to records Division 1 — Preliminary 33A. Term used: record 1 Division 2 — Access to records 34. Access to and inspection of records 1 Division 3 — Authorised representative's right of entry to conduct investigation 34A. Terms used 1 34B. Authorised representative 1 34C. Authorised representative who ceases to hold authority or entry permit 1 34D. Revocation or suspension of authority 1 34E. Written authority of owner‑driver required 1 35. Authorised representative's right of entry 1 35A. Authority must be shown on request 1 35B. Conduct in workplace 1 35C. Authorised representative's powers relating to production and inspection of records or other documents 1 36. Prohibiting obstruction or delay of exercise of power 1 Part 9 — Road Freight Transport Industry Tribunal 37. Terms used 1 38. Industrial Relations Commission sitting as the Road Freight Transport Industry Tribunal 1 38A. Tribunal's power to make summary determination 1 38B. Tribunal's power to make default determination 1 39. Jurisdiction to be exercised by Commissioner with necessary qualifications 1 40. Persons who may refer disputes and matters to the Tribunal 1 41. Intervention in proceeding 1 41A. When referral not required 1 42. Representation 1 43. Applied provisions: practice, procedure and appeals 1 44. Conciliation 1 45. Compulsory attendance at conciliation 1 46. Enforcement for the purposes of sections 44 and 45 1 47. Determination of dispute where no resolution by conciliation 1 47A. Remedies that may be given 1 48. Order to prevent entering into of owner‑driver contracts 1 49. Other jurisdictions 1 50. Enforcement of monetary order 1 51. Enforcement of order other than conciliation or monetary order 1 Part 10 — Miscellaneous 52. Trade Practices Act and Competition Code 1 53. Confidentiality 1 54. Laying documents before Parliament 1 55. Protection from liability 1 56. Protection for compliance with this Act 1 57. Regulations 1 59. Review of Act 1 Part 11 — Transitional provisions 60. Notice of termination before commencement day 1 Schedule 1 — Implied provisions Division 1 — Responding to claims for payment 1. Responding to a payment claim 1 Division 2 — Interest on overdue amounts 2. Interest payable on overdue amounts 1 Division 3 — Making claims for payment 3. Content of claim for payment 1 Division 4 — Termination of contract 4. Notice of termination 1 5. Payment in lieu of notice 1 Schedule 2 — Constitution and proceedings of Council Division 1 — General provisions 1. Term of office 1 2. Chairman and deputy chairman 1 3. Resignation, removal, etc. 1 4. Leave of absence 1 5. Council member unable to act 1 6. Savings 1 7. Calling of meetings 1 8. Presiding officer 1 9. Quorum 1 10. Voting 1 11. Minutes 1 12. Resolution without meeting 1 13. Holding meetings remotely 1 14. Committees 1 15. Council to determine own procedures 1 Division 2 — Disclosure of interests etc. 16. Disclosure of interests 1 17. Voting by interested members 1 18. Clause 17 may be declared inapplicable 1 19. Quorum where clause 17 applies 1 20. Minister may declare clauses 17 and 19 inapplicable 1 Notes Compilation table 1 Other notes 1 Defined terms Western Australia Owner-Drivers (Contracts and Disputes) Act 2007 An Act — * to promote a safe and sustainable road freight transport industry by regulating the relationship between persons who enter into contracts to transport goods in heavy vehicles and persons who hire them to do so; and * to establish the Road Freight Transport Industry Tribunal and the Road Freight Transport Industry Council, and for related purposes.