Document ID: chunk:federal_register_of_legislation:C2024A00002:clause:1_24
Version: federal_register_of_legislation:C2024A00002
Segment Type: clause
Provision Reference: sch 1 cl 24
Character Range: 40411–41387

24  After subsection 548(1B)
Insert:
 (1C) Proceedings are also to be dealt with as small claims proceedings under this section if:
 (a) a person applies for an order (other than a pecuniary penalty order) under Division 2 from a magistrates court or the Federal Circuit and Family Court of Australia (Division 2) in connection with a dispute; and
 (b) the dispute relates to whether a person was a casual employee of an employer when the person commenced employment with that employer; and
 (c) the person applying for the order indicates, in a manner prescribed by the regulations or by the rules of the court, that the person wants the small claims procedure to apply to the proceedings.
Note: Orders that a court may make under Division 2 in relation to small claims proceedings under this subsection may include a declaration that the employee was a casual employee, a part‑time employee or a full‑time employee when the employee commenced employment with the employer.