New South Wales Consolidated Acts

EMPLOYMENT PROTECTION ACT 1982 - SECT 19

19 Summary procedure for offences

(1) Proceedings for an offence against this Act or the regulations shall be disposed of summarily:

(a) before the Local Court, or

(b) before an industrial magistrate.

(2) The provisions of the Principal Act, and the regulations made under that Act, relating to proceedings before an industrial magistrate and to appeals from an industrial magistrate to the Commission apply to proceedings before an industrial magistrate for offences against this Act or the regulations as if the proceedings under this Act were proceedings under that Act.

(3) In proceedings for an offence against this Act or the regulations, the prosecution case may be conducted:

(a) by the informant, or

(b) on behalf of the informant by an Australian legal practitioner or public servant, or

(c) on behalf of the informant by an agent authorised in writing by the informant.

(4) In relation to a contravention or failure to comply with both sections 7 and 8 in connection with the termination or proposed termination of employment of a particular employee, the employer is, if punished in respect of one of those offences, not liable to be punished in respect of the other.