New South Wales Consolidated Acts

INDUSTRIAL RELATIONS AMENDMENT (JURISDICTION OF INDUSTRIAL RELATIONS COMMISSION) ACT 2009 - SCHEDULE 1

SCHEDULE 1 – Amendment of Industrial Relations Act 1996 No 17

[1] Section 153 Jurisdiction of Commission in Court Session

Omit “an Industrial Magistrate or any other” from section 153 (1) (j).
Insert instead “any”.

[2] Section 162A Transfer of certain proceedings to Local Court sitting at designated place

Omit section 162A (1). Insert instead:

(1) This section applies to proceedings for the recovery of money under Part 2 of Chapter 7.

[3] Section 162A (5), definition of “Local Court”

Omit “constituted by an Industrial Magistrate sitting alone”.
Insert instead “sitting at a designated place as referred to in section 405A”.

[4] Section 197 Appeals from Local Court sitting at designated place

Omit section 197 (1) and (2). Insert instead:

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

(a) any order made under this Act by a Local Court sitting at a designated place as referred to in section 405A for the payment of money, or

(b) the dismissal by a Local Court sitting at any such designated place of an application for an order under this Act for the payment of money (including a dismissal on the ground that it does not have jurisdiction to deal with the application).

[5] Section 197A Appeals against acquittals in proceedings for offences against occupational health and safety legislation

Omit “or of a Local Court constituted by an Industrial or other Magistrate” from section 197A (1).

[6] Section 356 Definition

Omit the section.

[7] Section 357 Civil penalty for breach of industrial instruments

Omit “an industrial court” from section 357 (1).
Insert instead “the Commission in Court Session”.

[8] Sections 357 (6) and 362

Omit “the industrial court” wherever occurring.
Insert instead “the Commission in Court Session”.

[9] Section 358 Related proceedings for recovery of remuneration and other money

Omit section 358 (1). Insert instead:

(1) In dealing with proceedings for a civil penalty under this Part that relate to the failure of the defendant to pay any money that may be recovered under Part 2, the Commission in Court Session may, in the same proceedings, also make under that Part any order for the payment of money that it is authorised to make in proceedings under that Part.

[10] Section 359 Injunction to restrain further contraventions of industrial instruments

Omit “by it or another industrial court” from section 359 (1).

[11] Section 364 Definitions

Omit “constituted specially for the purposes of this Part by an Industrial Magistrate sitting alone” from paragraph (c) of the definition of "industrial court" in section 364 (1).
Insert instead “sitting at a designated place as referred to in section 405A”.

[12] Section 371 Conciliation to be attempted before order made

Insert after section 371 (2):

(3) The Commission in Court Session is taken to have discharged its obligations under subsection (1) in relation to the proceedings concerned if an attempt to bring the parties to a settlement has been made by a Commissioner or a Deputy President acting on behalf of the court. In that case, the Commissioner or Deputy President concerned may make the order referred to in subsection (2).

(4) If a settlement is not reached in relation to an application for an order under this Part and the proceedings concerned are, in accordance with section 162A, transferred to a Local Court sitting at a designated place as referred to in section 405A, the Local Court dealing with those proceedings is not required to comply with subsection (1) in relation to those proceedings.

[13] Section 375 Recovery of amounts ordered to be paid

Omit “constituted by an Industrial Magistrate”.

[14] Section 380 Small claims during other Commission hearings

Omit section 380 (5). Insert instead:

(5) The Commission may, instead of dealing with the matter:

(a) remit the matter, if the Commission is not constituted as the Commission in Court Session, to the Commission in Court Session for determination, or

(b) refer the matter to a Local Court sitting at a designated place as referred to in section 405A.

(5A) If the matter is referred to a Local Court, the court may deal with the matter as if the application for an order under this Part and for the application to be dealt with under section 379 had been made to the court.

[15] Chapter 7, Part 3 Industrial Magistrates

Omit the Part.

[16] Section 397

Omit the section. Insert instead:

397 Proceedings for offences Proceedings for an offence against this Act or the regulations are to be dealt with summarily before the Commission in Court Session.

[17] Section 398 Time for instituting proceedings

Omit the note.

[18] Section 405A

Insert after section 405:

405A Industrial relations civil jurisdiction of Local Court sitting at designated places

(1) The regulations may declare any city, town or other place to be a "designated place" for the purposes of this Act.

(2) Until such time as regulations are made under subsection (1), the following cities or towns are taken to be designated places:

Albury, Armidale, Batemans Bay, Bathurst, Bega, Bourke, Broken Hill, Casino, Cessnock, Cobar, Coffs Harbour, Condobolin, Cooma, Coonamble, Cootamundra, Corowa, Cowra, Deniliquin, Dubbo, East Maitland, Forbes, Glen Innes, Gosford, Goulburn, Grafton, Griffith, Gundagai, Gunnedah, Hay, Inverell, Kempsey, Leeton, Lismore, Lithgow, Maitland, Moree, Moruya, Moss Vale, Mudgee, Murwillumbah, Muswellbrook, Narrabri, Narrandera, Newcastle, Nowra, Nyngan, Orange, Parkes, Port Macquarie, Queanbeyan, Quirindi, Scone, Singleton, Tamworth, Taree, Tumut, Wagga Wagga, Walgett, Wellington, Wentworth, Wollongong, Wyalong, Yass, Young.

[19] Schedule 4 Savings, transitional and other provisions

Insert at the end of clause 2 (1):

Industrial Relations Amendment (Jurisdiction of Industrial Relations Commission) Act 2009

[20] Schedule 4

Insert at the end of the Schedule with appropriate Part and clause numbers:

Part - Provisions consequent on enactment of Industrial Relations Amendment (Jurisdiction of Industrial Relations Commission) Act 2009

Definition In this Part:
"amending Act" means the Industrial Relations Amendment (Jurisdiction of Industrial Relations Commission) Act 2009 .

Consequences of abolition of office of Industrial Magistrate-section 56 of Constitution Act 1902

(1) A person who, immediately before the repeal of Part 3 of Chapter 7 of this Act by the amending Act, held office as an Industrial Magistrate under that Part is entitled (without loss of remuneration) to hold office as a Magistrate for the remainder of the term for which the person was appointed as an Industrial Magistrate.

(2) A reference in this clause to an Industrial Magistrate includes a reference to the Chief Industrial Magistrate.

Application of amendments to pending proceedings

(1) Except to the extent provided by subclause (2), an amendment made by the amending Act to this or any other Act does not apply to or in respect of any proceedings commenced (but not finally determined) before the commencement of the amendment.

(2) If, before the repeal of Part 3 of Chapter 7 by the amending Act, proceedings in relation to any matter under this or any other Act were commenced in a Local Court constituted by an Industrial Magistrate but the matter had not been determined before that repeal, the matter may continue to be dealt with and determined by a Local Court.

(3) This clause is subject to the regulations.