New South Wales Consolidated Acts

CRIMINAL APPEAL ACT 1912 - SECT 5AG

5AG Appeal in certain criminal cases dealt with by Industrial Relations Commission in Court Session

(1) A person convicted of an offence under section 32A of the Occupational Health and Safety Act 2000 and sentenced to any term of imprisonment by the Industrial Relations Commission in Court Session (including a sentence imposed on appeal) may appeal under this Act to the Court of Criminal Appeal against:

(a) the person’s conviction, or

(b) the sentence passed on the person’s conviction.

(2) A person may not appeal under this section to the Court of Criminal Appeal unless the person has first exercised any right the person has to appeal to the Full Bench of the Industrial Relations Commission in Court Session under the Industrial Relations Act 1996 .

(3) The Court of Criminal Appeal, in proceedings before it on an appeal under this section, may confirm the determination made by the Industrial Relations Commission in Court Session or may order that the determination made by the Industrial Relations Commission in Court Session be vacated and make any determination that the Industrial Relations Commission in Court Session could have made on the evidence heard on appeal.

(4) This section has effect despite section 179 (Finality of decisions) of the Industrial Relations Act 1996 .