New South Wales Consolidated Acts

ENERGY AND UTILITIES ADMINISTRATION ACT 1987 - SECT 28

28 Appointment of qualified person to investigate certain industrial matters

(1) In this section:
"industrial matter" has the same meaning as in the Industrial Relations Act 1996 .
"qualified person" means a Member of the Industrial Relations Commission of New South Wales or other person having qualifications which the Minister considers appropriate to carry out the functions under this section of a person appointed under this section.

(2) If an order is in force under section 26, the Minister may, by order published in the Gazette, appoint a qualified person to investigate any industrial matter specified or described in the order, being an industrial matter with respect to any one or more of the following:

(a) the extraction, production, provision, supply, transportation or distribution of any form of energy or energy resources in relation to which the order under section 26 is in force when the qualified person is so appointed,

(b) persons engaged in the extraction, production, provision, supply, transportation or distribution of any form of energy or energy resources in relation to which the order under section 26 is in force when the qualified person is so appointed,

(c) the utilisation of any form of energy or energy resources in relation to which the order under section 26 is in force when the qualified person is so appointed.

(3) A qualified person appointed under this section may carry out the functions given to the person under subsection (4) even though the order under section 26 that was in force when the person was so appointed has ceased to be in force.

(4) A qualified person appointed under this section shall, as soon as practicable after being appointed, investigate the industrial matter specified or described in the order and make a report and recommendation to the Minister with respect to that industrial matter.

(5) For the purposes of any investigation under this section:

(a) a qualified person appointed under this section has the powers, authorities, protections and immunities conferred on the chairperson of a Royal Commission by Division 1 of Part 2 of the Royal Commissions Act 1923 , and

(b) section 24 of the Local Court Act 2007 applies to or in respect of a witness or person summoned by or appearing before a qualified person in the same way as it applies to or in respect of a person appearing before the Local Court.

(6) The provisions of the Royal Commissions Act 1923 (section 13 and Division 2 of Part 2 excepted) apply to and in respect of any witness or person summoned by or appearing before a qualified person appointed under subsection (2) in the same way as they apply to and in respect of a witness or person summoned by or appearing before the chairperson of a Royal Commission under that Act.