Western Australian Consolidated Acts

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INDUSTRIAL RELATIONS ACT 1979 - SECT 16

16 .         Powers and duties of Chief Commissioner

        (1)         In subsections (1aa) to (1ac) —

        Commission includes the Full Bench, the Commission in Court Session and a constituent authority.

        (1aa)         The Chief Commissioner is responsible for matters of an administrative nature relating to the Commission and members of the Commission.

        (1ab)         Subject to this Act, the Chief Commissioner may allocate and reallocate the work of the Commission and may assign or appoint commissioners for the purposes of constituting the Commission, or altering the constitution of the Commission, in relation to a matter.

        (1ac)         When it is continuing to deal with and deciding a matter that has been reallocated, or in relation to which its constitution has been altered, the Commission can have regard to —

            (a)         any record of the proceedings of the Commission in relation to the matter before the reallocation or alteration; or

            (b)         any evidence taken in the proceedings before the reallocation or alteration.

        (1a)         The Chief Commissioner may assign a commissioner to sit or act alone as the Commission or to sit or act as a member of the Full Bench or the Commission in Court Session notwithstanding that that commissioner is for the time being appointed as or to a constituent authority.

        (2)         The Chief Commissioner — 

        [(a)         deleted]

            (b)         shall, before 1 October in each year, make a written report to the Minister relating to the operation of this Act up to the last preceding 30 June;

            (c)         shall, before making the report referred to in paragraph (b), consult with the President; and

            (d)         may require the commissioners to attend a conference of commissioners for the purposes of paragraph (b) or for any other purpose.

        (3)         Where the Chief Commissioner is unable to attend to his duties under this Act, whether on account of illness or otherwise, or where there is a vacancy in the office of Chief Commissioner, the duties and powers of the Chief Commissioner devolve on the commissioner who is next in order of seniority and not himself absent or unable to perform those duties, unless the Governor appoints some other person to be acting Chief Commissioner.

        [Section 16 amended by No. 121 of 1982 s. 4; No. 94 of 1984 s. 10 and 66; No. 1 of 1995 s. 53; No. 14 of 2005 s. 4.]



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