New South Wales Consolidated Acts

ESSENTIAL SERVICES ACT 1988 - SECT 23

23 Appeals against amendment of rules

(1) An industrial organisation affected by an order under section 18 may apply to the Full Industrial Relations Commission in Court Session for leave to appeal to the Full Industrial Relations Commission in Court Session against the order.

(2) The Full Industrial Relations Commission in Court Session shall not grant leave to appeal unless it is satisfied that the persons whose membership of the industrial organisation has been terminated by the order did not, at the time at which the Minister’s certificate was given under section 17 (1), engage in activities which were contrary to the public interest.

(3) On an appeal made pursuant to leave granted under this section, the Full Industrial Relations Commission in Court Session shall not revoke the order unless it is satisfied that it is in the public interest to do so.

(4) Section 20 applies in relation to an order made by the Full Industrial Relations Commission in Court Session on an appeal under this section in the same way as it applies in relation to an order under section 18.