New South Wales Consolidated Acts

ANNUAL HOLIDAYS ACT 1944 - SECT 12

12 Proceedings for recovery of penalties

(1) Proceedings for the recovery of a penalty under this Act are to be taken before the Local Court or before the Industrial Relations Commission in Court Session and may be taken by:

(a) an inspector, or

(b) the secretary of an industrial organisation whose members are engaged in the industry concerned, or

(c) a person whose rights are impaired.

(2) In any such proceedings the Local Court or Industrial Relations Commission in Court Session may, in addition to the imposition of any penalty, make such an order with respect to any remuneration or payment due to a worker under this Act as might have been made in proceedings taken under section 13. Such order may be made without motion and shall be a bar to further proceedings under section 13 in respect of such remuneration or payment.

(3) In any proceedings under this section the Local Court or Industrial Relations Commission in Court Session before which such proceedings are taken may award costs to either party and assess the amount of such costs.

(5) The prosecutor may conduct the case personally or by an Australian legal practitioner or an agent duly authorised by the prosecutor in writing.