New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 197

197 Appeals from Local Court

(1) An appeal lies to a Full Bench of the Commission in Court Session against:

(a) any order made under this Act by the Local Court for the payment of money or the dismissal by the Local Court of an application for such an order (including a dismissal on the ground that it does not have jurisdiction to deal with the application), or

(b) any conviction or penalty imposed by the Local Court for an offence against this Act or the regulations, or

(c) a civil penalty imposed under this Act by the Local Court for a contravention of an industrial instrument or the dismissal by the Local Court of proceedings for such a civil penalty, or

(d) a civil penalty imposed under Division 7 of Part 13 of the Work Health and Safety Act 2011 by the Local Court for a contravention of a WHS civil penalty provision or the dismissal by the Local Court of proceedings for such a civil penalty.

(2) The provisions of the Crimes (Local Courts Appeal and Review) Act 2001 that relate to:

(a) appeals from the Local Court to the District Court or Supreme Court, and

(b) the decisions of the District Court or Supreme Court on any such appeal, and

(c) the carrying out or enforcement of any such decision,

(including those provisions as applied by section 70 of the Local Court Act 2007 ) apply, subject to the regulations under this Act, to any appeal referred to in subsection (1).

(4) The Full Bench of the Commission in Court Session may refer a matter the subject of an appeal back to the Local Court with such directions or recommendations as it considers appropriate.

(5) Section 179 (Finality of decisions):

(a) applies to a decision or purported decision of the Local Court in proceedings to which this section applies in the same way as it applies to a decision or purported decision of the Commission, and

(b) without limiting that section, applies to a decision or purported decision of the Commission in respect of proceedings to which this section applies.

Note: The provisions of this section are extended to similar proceedings under other industrial relations legislation eg section 14 of the Annual Holidays Act 1944 ; section 14 of the Long Service Leave Act 1955 .