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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Industrial Relations Amendment
(Jurisdiction of Industrial Relations
Commission) Bill 2009
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Industrial Relations Act 1996 No 17 3
Schedule 2 Amendment of other legislation 8
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2009
New South Wales
Industrial Relations Amendment
(Jurisdiction of Industrial Relations
Commission) Bill 2009
Act No , 2009
An Act to amend the Industrial Relations Act 1996 and other legislation to make
further provision with respect to the jurisdiction of the Industrial Relations
Commission and with respect to Industrial Magistrates; and for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Industrial Relations Amendment (Jurisdiction of Industrial Relations
Clause 1 Commission) Bill 2009
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Industrial Relations Amendment (Jurisdiction of
Industrial Relations Commission) Act 2009.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Page 2
Industrial Relations Amendment (Jurisdiction of Industrial Relations
Commission) Bill 2009
Amendment of Industrial Relations Act 1996 No 17 Schedule 1
Schedule 1 Amendment of Industrial Relations Act
1996 No 17
[1] Section 153 Jurisdiction of Commission in Court Session
Omit "an Industrial Magistrate or any other" from section 153 (1) (j).
Insert instead "any".
[2] Section 162A Transfer of certain proceedings to Local Court sitting at
designated place
Omit section 162A (1). Insert instead:
(1) This section applies to proceedings for the recovery of money
under Part 2 of Chapter 7.
[3] Section 162A (5), definition of "Local Court"
Omit "constituted by an Industrial Magistrate sitting alone".
Insert instead "sitting at a designated place as referred to in section 405A".
[4] Section 197 Appeals from Local Court sitting at designated place
Omit section 197 (1) and (2). Insert instead:
(1) An appeal lies to a Full Bench of the Commission in Court
Session against:
(a) any order made under this Act by a Local Court sitting at a
designated place as referred to in section 405A for the
payment of money, or
(b) the dismissal by a Local Court sitting at any such
designated place of an application for an order under this
Act for the payment of money (including a dismissal on the
ground that it does not have jurisdiction to deal with the
application).
[5] Section 197A Appeals against acquittals in proceedings for offences
against occupational health and safety legislation
Omit "or of a Local Court constituted by an Industrial or other Magistrate"
from section 197A (1).
[6] Section 356 Definition
Omit the section.
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Industrial Relations Amendment (Jurisdiction of Industrial Relations
Commission) Bill 2009
Schedule 1 Amendment of Industrial Relations Act 1996 No 17
[7] Section 357 Civil penalty for breach of industrial instruments
Omit "an industrial court" from section 357 (1).
Insert instead "the Commission in Court Session".
[8] Sections 357 (6) and 362
Omit "the industrial court" wherever occurring.
Insert instead "the Commission in Court Session".
[9] Section 358 Related proceedings for recovery of remuneration and other
money
Omit section 358 (1). Insert instead:
(1) In dealing with proceedings for a civil penalty under this Part that
relate to the failure of the defendant to pay any money that may
be recovered under Part 2, the Commission in Court Session may,
in the same proceedings, also make under that Part any order for
the payment of money that it is authorised to make in proceedings
under that Part.
[10] Section 359 Injunction to restrain further contraventions of industrial
instruments
Omit "by it or another industrial court" from section 359 (1).
[11] Section 364 Definitions
Omit "constituted specially for the purposes of this Part by an Industrial
Magistrate sitting alone" from paragraph (c) of the definition of industrial
court in section 364 (1).
Insert instead "sitting at a designated place as referred to in section 405A".
[12] Section 371 Conciliation to be attempted before order made
Insert after section 371 (2):
(3) The Commission in Court Session is taken to have discharged its
obligations under subsection (1) in relation to the proceedings
concerned if an attempt to bring the parties to a settlement has
been made by a Commissioner or a Deputy President acting on
behalf of the court. In that case, the Commissioner or Deputy
President concerned may make the order referred to in
subsection (2).
(4) If a settlement is not reached in relation to an application for an
order under this Part and the proceedings concerned are, in
accordance with section 162A, transferred to a Local Court
sitting at a designated place as referred to in section 405A, the
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Industrial Relations Amendment (Jurisdiction of Industrial Relations
Commission) Bill 2009
Amendment of Industrial Relations Act 1996 No 17 Schedule 1
Local Court dealing with those proceedings is not required to
comply with subsection (1) in relation to those proceedings.
[13] Section 375 Recovery of amounts ordered to be paid
Omit "constituted by an Industrial Magistrate".
[14] Section 380 Small claims during other Commission hearings
Omit section 380 (5). Insert instead:
(5) The Commission may, instead of dealing with the matter:
(a) remit the matter, if the Commission is not constituted as
the Commission in Court Session, to the Commission in
Court Session for determination, or
(b) refer the matter to a Local Court sitting at a designated
place as referred to in section 405A.
(5A) If the matter is referred to a Local Court, the court may deal with
the matter as if the application for an order under this Part and for
the application to be dealt with under section 379 had been made
to the court.
[15] Chapter 7, Part 3 Industrial Magistrates
Omit the Part.
[16] Section 397
Omit the section. Insert instead:
397 Proceedings for offences
Proceedings for an offence against this Act or the regulations are
to be dealt with summarily before the Commission in Court
Session.
[17] Section 398 Time for instituting proceedings
Omit the note.
[18] Section 405A
Insert after section 405:
405A Industrial relations civil jurisdiction of Local Court sitting at
designated places
(1) The regulations may declare any city, town or other place to be a
designated place for the purposes of this Act.
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Industrial Relations Amendment (Jurisdiction of Industrial Relations
Commission) Bill 2009
Schedule 1 Amendment of Industrial Relations Act 1996 No 17
(2) Until such time as regulations are made under subsection (1), the
following cities or towns are taken to be designated places:
Albury, Armidale, Batemans Bay, Bathurst, Bega, Bourke,
Broken Hill, Casino, Cessnock, Cobar, Coffs Harbour,
Condobolin, Cooma, Coonamble, Cootamundra, Corowa,
Cowra, Deniliquin, Dubbo, East Maitland, Forbes, Glen Innes,
Gosford, Goulburn, Grafton, Griffith, Gundagai, Gunnedah,
Hay, Inverell, Kempsey, Leeton, Lismore, Lithgow, Maitland,
Moree, Moruya, Moss Vale, Mudgee, Murwillumbah,
Muswellbrook, Narrabri, Narrandera, Newcastle, Nowra,
Nyngan, Orange, Parkes, Port Macquarie, Queanbeyan, Quirindi,
Scone, Singleton, Tamworth, Taree, Tumut, Wagga Wagga,
Walgett, Wellington, Wentworth, Wollongong, Wyalong, Yass,
Young.
[19] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 2 (1):
Industrial Relations Amendment (Jurisdiction of Industrial
Relations Commission) Act 2009
[20] Schedule 4
Insert at the end of the Schedule with appropriate Part and clause numbers:
Part Provisions consequent on enactment of
Industrial Relations Amendment
(Jurisdiction of Industrial Relations
Commission) Act 2009
Definition
In this Part:
amending Act means the Industrial Relations Amendment
(Jurisdiction of Industrial Relations Commission) Act 2009.
Consequences of abolition of office of Industrial Magistrate--
section 56 of Constitution Act 1902
(1) A person who, immediately before the repeal of Part 3 of Chapter
7 of this Act by the amending Act, held office as an Industrial
Magistrate under that Part is entitled (without loss of
remuneration) to hold office as a Magistrate for the remainder of
the term for which the person was appointed as an Industrial
Magistrate.
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Industrial Relations Amendment (Jurisdiction of Industrial Relations
Commission) Bill 2009
Amendment of Industrial Relations Act 1996 No 17 Schedule 1
(2) A reference in this clause to an Industrial Magistrate includes a
reference to the Chief Industrial Magistrate.
Application of amendments to pending proceedings
(1) Except to the extent provided by subclause (2), an amendment
made by the amending Act to this or any other Act does not apply
to or in respect of any proceedings commenced (but not finally
determined) before the commencement of the amendment.
(2) If, before the repeal of Part 3 of Chapter 7 by the amending Act,
proceedings in relation to any matter under this or any other Act
were commenced in a Local Court constituted by an Industrial
Magistrate but the matter had not been determined before that
repeal, the matter may continue to be dealt with and determined
by a Local Court.
(3) This clause is subject to the regulations.
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Industrial Relations Amendment (Jurisdiction of Industrial Relations
Commission) Bill 2009
Schedule 2 Amendment of other legislation
Schedule 2 Amendment of other legislation
2.1 Annual Holidays Act 1944 No 31
[1] Section 12 Proceedings for recovery of penalties
Omit "before a Local Court or" from section 12 (1).
[2] Section 12 (2) and (3)
Omit "Local Court or" wherever occurring.
[3] Sections 13 (1) and 14 (d)
Insert "sitting at a designated place as referred to in section 405A of the
Industrial Relations Act 1996" after "a Local Court" wherever occurring.
2.2 Apprenticeship and Traineeship Act 2001 No 80
[1] Section 73 Proceedings for offences
Omit "a Local Court constituted by a Magistrate sitting alone" from section
73 (1).
Insert instead "the Industrial Relations Commission in Court Session".
[2] Section 73, note
Omit the note.
2.3 Bail Act 1978 No 161
Section 4 Definitions
Omit ", a licensing magistrate under the Liquor Act 1982, a Children's
Magistrate or an industrial magistrate under the Industrial Relations Act 1996"
from the definition of magistrate in section 4 (1).
Insert instead "or a Children's Magistrate".
2.4 Building and Construction Industry Long Service Payments
Act 1986 No 19
[1] Section 64 Proceedings for offences
Omit "a Local Court" from section 64 (1).
Insert instead "the Industrial Relations Commission in Court Session".
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Industrial Relations Amendment (Jurisdiction of Industrial Relations
Commission) Bill 2009
Amendment of other legislation Schedule 2
[2] Section 64 (2)
Omit the subsection.
2.5 Court Security Act 2005 No 1
Section 4 Definitions
Omit "(including a Local Court constituted by an Industrial Magistrate)" from
paragraph (g) of the definition of court in section 4 (1).
2.6 Criminal Procedure Act 1986 No 209
[1] Section 3 Definitions
Omit the definition of Industrial Magistrate from section 3 (1).
[2] Section 28 Application of Part and definition
Omit "an Industrial Magistrate," from the definition of Judge in section 28 (2).
[3] Section 170 Application
Omit section 170 (2) (c) and (2A) (d).
[4] Section 171 Definitions
Omit "and includes (where applicable) an Industrial Magistrate" from the
definition of court.
[5] Section 171, definition of "Magistrate"
Omit "an Industrial Magistrate and any other". Insert instead "any".
[6] Section 171, definition of "registrar"
Omit paragraph (c).
[7] Section 275 Definitions
Omit "and an Industrial Magistrate" from the definition of Judge.
[8] Section 312 Persons arrested under bench warrants
Omit "and an Industrial Magistrate" from section 312 (3).
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Industrial Relations Amendment (Jurisdiction of Industrial Relations
Commission) Bill 2009
Schedule 2 Amendment of other legislation
2.7 Dangerous Goods (Road and Rail Transport) Act 2008 No 95
Sections 35 (1) (b), 36 (1) (b) and 45 (1) (b)
Omit "constituted by an Industrial Magistrate sitting alone" wherever
occurring.
Insert instead "sitting at a designated place as referred to in section 405A of
the Industrial Relations Act 1996 or the Industrial Relations Commission in
Court Session".
2.8 Employment Protection Act 1982 No 122
Section 19 Proceedings for offences
Omit section 19 (1) and (2). Insert instead:
(1) Proceedings for an offence against this Act or the regulations are
to be dealt with summarily before the Industrial Relations
Commission in Court Session.
2.9 Entertainment Industry Act 1989 No 230
Section 63 Proceedings for offences
Omit "an industrial magistrate or a Local Court" from section 63 (2).
Insert instead "the Industrial Relations Commission in Court Session".
2.10 Essential Services Act 1988 No 41
Section 31 Proceedings for offences
Omit "a local court".
Insert instead "the Industrial Relations Commission in Court Session".
2.11 Industrial Relations (Child Employment) Act 2006 No 96
[1] Section 3 Definitions
Omit "constituted specially for the purposes of this Act by an Industrial
Magistrate sitting alone" from paragraph (b) of the definition of industrial
court in section 3 (1).
Insert instead "sitting at a designated place as referred to in section 405A of
the Industrial Relations Act 1996".
Page 10
Industrial Relations Amendment (Jurisdiction of Industrial Relations
Commission) Bill 2009
Amendment of other legislation Schedule 2
[2] Section 16 Applied provisions of Industrial Relations Act 1996
Omit "(Transfer of certain proceedings to Industrial Magistrates)" from
section 16 (1) (a).
[3] Section 16 (7)
Omit "constituted by an Industrial Magistrate sitting alone".
Insert instead "sitting at a designated place as referred to in section 405A of
the Industrial Relations Act 1996".
2.12 Industrial Relations (General) Regulation 2001
Clause 43 Industrial Magistrate--civil procedure
Omit the clause.
2.13 Judicial Officers Act 1986 No 100
Section 3 Definitions
Omit "and an industrial magistrate" from the definition of Magistrate in
section 3 (1).
2.14 Long Service Leave Act 1955 No 38
[1] Section 11 Recovery of penalties
Omit "a Local Court constituted by a Magistrate sitting alone" from section
11 (1).
Insert instead "the Industrial Relations Commission in Court Session".
[2] Section 11 (2)
Omit "Local Court". Insert instead "Industrial Relations Commission".
[3] Section 11 (3)
Omit "Local Court before whom such proceedings are taken".
Insert instead "Industrial Relations Commission in Court Session".
[4] Section 12 Recovery of long service leave pay
Omit "constituted by a Magistrate sitting alone" from section 12 (1).
Insert instead "sitting at a designated place as referred to in section 405A of
the Industrial Relations Act 1996".
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Industrial Relations Amendment (Jurisdiction of Industrial Relations
Commission) Bill 2009
Schedule 2 Amendment of other legislation
[5] Section 14 Provisions as to enforcement of orders, appeals etc
Insert "sitting at a designated place as referred to in section 405A of the
Industrial Relations Act 1996" after "Local Court" in section 14 (c).
2.15 Occupational Health and Safety Act 2000 No 40
[1] Sections 97 (1) and 98 (1)
Omit "constituted by an Industrial Magistrate sitting alone" wherever
occurring.
Insert instead "sitting at a designated place as referred to in section 405A of
the Industrial Relations Act 1996 or to the Industrial Relations Commission in
Court Session".
[2] Section 97 Appeal following review
Insert "or the Industrial Relations Commission in Court Session" after "Local
Court" in section 97 (2).
[3] Section 97 (2)
Omit "the Court". Insert instead "the Court concerned".
[4] Section 97 (3)
Insert "or the Industrial Relations Commission in Court Session (as the case
requires)" after "Local Court".
[5] Section 98 Application for stay of investigation or prohibition notice
Omit "Local Court" from section 98 (2). Insert instead "Court concerned".
[6] Section 98 (3)
Omit the subsection. Insert instead:
(3) A stay may be granted on such conditions as the Local Court or
the Industrial Relations Commission in Court Session (as the case
requires) considers appropriate and may be revoked or amended
by the Court concerned.
[7] Section 105
Omit the section. Insert instead:
105 Proceedings for offences
Proceedings for an offence against this Act or the regulations are
to be dealt with summarily before the Industrial Relations
Commission in Court Session.
Page 12
Industrial Relations Amendment (Jurisdiction of Industrial Relations
Commission) Bill 2009
Amendment of other legislation Schedule 2
[8] Section 114 Orders regarding costs and expenses of investigation
Omit section 114 (2). Insert instead:
(2) An order made by the Industrial Relations Commission under this
section is enforceable under section 182 of the Industrial
Relations Act 1996.
[9] Section 116 Orders to undertake OHS projects
Omit section 116 (3).
[10] Section 124 Definitions
Omit "a Local Court," from the definition of guideline judgment.
2.16 Rail Safety Act 2008 No 97
[1] Sections 123 (1), 124 (1) and 141 (1)
Omit "constituted by an Industrial Magistrate" wherever occurring.
Insert instead "sitting at a designated place as referred to in section 405A of
the Industrial Relations Act 1996 or to the Industrial Relations Commission in
Court Session".
[2] Section 123 Appeal following review
Insert "or to the Industrial Relations Commission in Court Session" after
"Local Court" in section 123 (2).
[3] Section 123 (2)
Omit "the Court". Insert instead "the Court concerned".
[4] Section 123 (3)
Insert "or the Industrial Relations Commission in Court Session (as the case
requires)" after "Local Court".
[5] Sections 124 (2) and 141 (2)
Omit "Local Court" wherever occurring. Insert instead "Court concerned".
[6] Section 124 Application for stay of prohibition notice
Omit section 124 (3). Insert instead:
(3) A stay may be granted on such conditions as the Local Court or
the Industrial Relations Commission in Court Session (as the case
requires) considers appropriate and may be revoked or amended
by the Court concerned.
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Industrial Relations Amendment (Jurisdiction of Industrial Relations
Commission) Bill 2009
Schedule 2 Amendment of other legislation
2.17 Shop Trading Act 2008 No 49
Section 16 Proceedings for offences
Insert "before the Industrial Relations Commission in Court Session" after
"summarily".
2.18 Statutory and Other Offices Remuneration Act 1975 (1976
No 4)
Schedule 1 Public Offices
Omit the matter relating to the office of Chief Industrial Magistrate.
2.19 Workers Compensation Act 1987 No 70
[1] Section 58 Refund of weekly payments paid after return to work etc
Omit section 58 (9).
[2] Section 156 Recovery of double premiums for contravention of
insurance requirements
Omit section 156 (7).
[3] Section 175 Employers evading payment of correct premiums
Omit section 175 (7B).
2.20 Workplace Injury Management and Workers Compensation
Act 1998 No 86
Section 245
Omit the section. Insert instead:
245 Proceedings for offences
(1) Proceedings for an offence against this Act, the 1987 Act or the
regulations under those Acts are to be dealt with summarily
before the Industrial Relations Commission in Court Session.
Page 14
Industrial Relations Amendment (Jurisdiction of Industrial Relations
Commission) Bill 2009
Amendment of other legislation Schedule 2
(2) Any such proceedings may be instituted by (but not only by) the
Authority.
Page 15
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