Fair Work Act 2009
DIRECTION TO INSPECTORS (October 2023)
I, Anna Booth, the Fair Work Ombudsman acting under subsection 704(1) of the Fair Work Act 2009 (Cth) (FW Act), revoke the Direction dated 22 November 2021 (F2021L01585).
Pursuant to subsection 704(1) of the FW Act, I give the following direction to persons appointed as a Fair Work Inspector under subsection 700(1) of the FW Act, in relation to the performance of functions or the exercise of powers as an inspector:
2. In clause 1 of this Direction, commencing litigation means:
by or on behalf of a Fair Work Inspector or the Fair Work Ombudsman, where the proceedings relate to the exercise of powers or functions under the FW Act, Fair Work Regulations 2009 (Cth) (FW Regulations) or any other Commonwealth law that confers standing on a Fair Work Inspector or the Fair Work Ombudsman to commence or intervene in civil proceedings.
3. Before taking any steps in a litigation commenced against a Fair Work Inspector or the Fair Work Ombudsman, a Fair Work Inspector must:
4. In clause 3 of this Direction, taking any steps in a litigation includes:
by or on behalf of a Fair Work Inspector or the Fair Work Ombudsman, where the proceedings relate to the exercise of powers or functions, including a statutory notice issued by a Fair Work Inspector, under the FW Act, the FW Regulations or any other Commonwealth law.
5. This Direction commences to operate on the date registered on the Federal Register of Legislation, in accordance with the Legislation Act 2003 (Cth).
Dated: 19 October 2023
Anna Booth
Fair Work Ombudsman