New South Wales Consolidated Acts

INDUSTRIAL RELATIONS (CHILD EMPLOYMENT) ACT 2006 - SECT 16

16 Applied provisions of Industrial Relations Act 1996

(1) The following provisions of the Industrial Relations Act 1996 and the regulations made under that Act apply to and for the purposes of this Part ( "the applied enforcement provisions"):

(a) section 162A (Transfer of certain proceedings to Industrial Magistrates),

(b) section 181 (2) (d),

(c) section 197 (Appeals from Local Court),

(d) Part 1 of Chapter 7 (Breach of industrial instruments), other than sections 357 and 361,

(e) Part 2 of Chapter 7 (Recovery of remuneration and other amounts), other than section 380,

(f) Part 4 of Chapter 7 (Inspectors and their powers),

(g) Part 5 of Chapter 7 (Evidentiary provisions),

(h) Part 6 of Chapter 7 (Criminal and other legal proceedings),

(i) any other provision prescribed by the regulations.

(2) Accordingly, the applied enforcement provisions have effect as if they formed part of this Act.

(3) For the purposes of the application of the applied enforcement provisions (but without limiting subsection (6)), a reference in the applied enforcement provisions:

(a) to this Act (that is, the Industrial Relations Act 1996 ) is to be read as a reference to this Part, and

(b) to the regulations is to be read as including a reference to the regulations under this Act made for the purposes of this Part, and

(c) to the industrial relations legislation is to be read as including a reference to this Part, and

(d) to an industrial court is to be read as a reference to an industrial court within the meaning of this Act, and

(e) to employment is to be read as a reference to employment of a child to which section 4 of this Act applies, and

(f) to an employer is to be read as a reference to an affected employer of a child, and

(g) to employees is to be read as a reference to children to whose employment section 4 of this Act applies, and

(h) to a civil penalty is to be read as a reference to a civil penalty imposed under section 15 of this Act, and

(i) to the recovery of money under Part 2 of Chapter 7 is to be read as a reference to the recovery of money under Part 2 of that Chapter (as applied to and for the purposes of this Part by this section), and

(j) to an industrial instrument is to be read as including a reference to section 4 to the extent that it requires an employer of a child to provide the minimum conditions of employment for the child or conditions of employment that do not, on balance, result in a net detriment to the child when compared with the minimum conditions of employment for the child,

as the case requires.

(4) Without limiting subsections (3) and (6), a reference in Part 2 of Chapter 7 (Recovery of remuneration and other amounts) of the Industrial Relations Act 1996 (as applied to and for the purposes of this Part by this section) to an amount payable under an industrial instrument is to be read as a reference to an amount payable to a child under the minimum conditions of employment for the child in circumstances where the employer has contravened section 4.

(5) Section 153 (1) of the Industrial Relations Act 1996 applies to proceedings under Part 1 or Part 2 of Chapter 7 of that Act (as applied to and for the purposes of this Part by this section) in the same way as it applies to proceedings under those Parts apart from this section.

(6) The applied enforcement provisions have effect subject to such modifications as are prescribed by this Part or the regulations.

(7) Nothing in this section authorises the Industrial Court of New South Wales to transfer any proceedings under this Act to a Local Court constituted by an Industrial Magistrate sitting alone unless the no net detriment principles have been set and published under section 5.

(8) Unless the regulations provide otherwise, nothing in this section prevents the application of provisions of the Industrial Relations Act 1996 that would be applicable to a matter arising under this Part (including the exercise of a function conferred or imposed on the Commission by or under this Part) apart from this section.

Note: For example, nothing in this section limits the application of the provisions of the Industrial Relations Act 1996 dealing with the constitution of the Commission, its practice and procedure and appeals from its decisions.