New South Wales Consolidated Acts

WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 245

245 Proceedings for offences

(cf 1926 s 68; 1987 s 278)

(1) Proceedings for an offence against this Act, the 1987 Act or the regulations under those Acts are to be dealt with summarily:

(a) before the Local Court, or

(b) before the Industrial Relations Commission in Court Session.

(2) The maximum monetary penalty that may be imposed in those proceedings by the Local Court is 200 penalty units or the maximum monetary penalty provided in respect of the offence, whichever is the lesser.

(3) The maximum penalty that may be imposed in those proceedings by the Industrial Relations Commission in Court Session is the maximum penalty provided in respect of the offence.

(4) The provisions of section 197 of the Industrial Relations Act 1996 , and of the regulations under that Act, relating to appeals from, and the stating of a case by, the Local Court to the Industrial Relations Commission in Court Session apply to proceedings before the Local Court for offences against this Act, the 1987 Act or the regulations under those Acts.

(5) Proceedings for an offence against this Act, the 1987 Act or the regulations under those Acts may be instituted by (but not only by) the Authority.