New South Wales Consolidated Acts

WORKPLACE SURVEILLANCE ACT 2005 - SECT 41

41 Application to judicial member of Industrial Relations Commission

(1) An applicant for a covert surveillance authority who is aggrieved by a decision of a Magistrate to refuse to issue or to vary or cancel a covert surveillance authority may make an application to a judicial member of the Industrial Relations Commission (a "judicial member") to issue, vary or cancel the authority.

(2) An employee affected by a covert surveillance authority who is aggrieved by a decision of a Magistrate to refuse to vary or cancel a covert surveillance authority may make an application to a judicial member to vary or cancel the authority.

(3) The application must be made within 30 days after the decision is given or within such further period as the judicial member allows.

(4) Part 4 applies to or in respect of the issue, variation or cancellation of a covert surveillance authority by a judicial member to whom an application is made under this section in the same way as it applies to the issue, variation or cancellation of such an authority by a Magistrate.

(5) An application to a Magistrate for the issue or for a variation or cancellation of an authority is taken (for the purposes only of an application under this section) to have been refused if it is not decided within the period of 30 days after the making of the application to the Magistrate.

(6) The imposition of a function on a judicial member under this section is not a conferral of jurisdiction on the Industrial Relations Commission.