Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Except as
otherwise provided in this Act, the Commission may, in relation to any matter
before it —
(a) at
any stage of the proceedings dismiss the matter or any part thereof or refrain
from further hearing or determining the matter or part if it is
satisfied —
(i)
that the matter or part thereof is trivial;
(ii)
that further proceedings are not necessary or desirable
in the public interest;
(iii)
that the person who referred the matter to the Commission
does not have a sufficient interest in the matter; or
(iv)
that for any other reason the matter or part should be
dismissed or the hearing thereof discontinued, as the case may be;
(b) take
evidence on oath or affirmation;
(c)
order any party to the matter to pay to any other party such costs and
expenses including expenses of witnesses as are specified in the order, but so
that no costs shall be allowed for the services of any legal practitioner, or
agent;
(d)
proceed to hear and determine the matter or any part thereof in the absence of
any party thereto who has been duly summoned to appear or duly served with
notice of the proceedings;
(e) sit
at any time and place;
(f)
adjourn to any time and place;
[(g) deleted]
(h)
direct any person, whether a witness or intending witness or not, to leave the
place wherein the proceedings are being conducted;
(ha)
determine the periods that are reasonably necessary for the fair and adequate
presentation of the respective cases of the parties to the proceedings and
require that the cases be presented within the respective periods;
(hb)
require evidence or argument to be presented in writing, and decide the
matters on which it will hear oral evidence or argument;
(i)
refer any matter to an expert and accept his report as
evidence;
(j)
direct parties to be struck out or persons to be joined;
(k)
permit the intervention, on such terms as it thinks fit, of any person who, in
the opinion of the Commission has a sufficient interest in the matter;
(l)
allow the amendment of any proceedings on such terms as it thinks fit;
(m)
correct, amend, or waive any error, defect, or irregularity whether in
substance or in form;
(n)
extend any prescribed time or any time fixed by an order of the Commission;
(o) make
such orders as may be just with respect to any interlocutory proceedings to be
taken before the hearing of any matter, the costs of those proceedings, the
issues to be submitted to the Commission, the persons to be served with notice
of proceedings, delivery of particulars of the claims of all parties,
admissions, discovery, inspection, or production of documents, inspection or
production of property, examination of witnesses, and the place and mode of
hearing;
(p)
enter upon any manufactory, building, workshop, factory, mine, mine-working,
ship or vessel, shed, place, or premises of any kind whatsoever, wherein or in
respect of which any industry is or is reputed to be carried on, or any work
is being or has been done or commenced, or any matter or thing is taking or
has taken place, which is the subject of a matter before the Commission or is
related thereto;
(q)
inspect and view any work, material machinery, appliance, article, book,
record, document, matter, or thing whatsoever being in any manufactory,
building, workshop, factory, mine, mine-working, ship or vessel, shed, place
or premises of a kind referred to in paragraph (p);
(r)
question any person who may be in or upon any such manufactory, building,
workshop, factory, mine, mine-working, ship or vessel, shed, place or premises
in respect or in relation to any such matter or thing;
(s)
consolidate or divide proceedings relating to the same industry and all or any
matters before the Commission;
(t) with
the consent of the Chief Commissioner refer the matter or any part thereof to
the Commission in Court Session for hearing and determination by the
Commission in Court Session;
(u) with
the consent of the President refer to the Full Bench for hearing and
determination by the Full Bench any question of law, including any question of
interpretation of the rules of an organisation, arising in the matter; and
(v)
generally give all such directions and do all such things
as are necessary or expedient for the expeditious and just hearing and
determination of the matter.
(1a) Except as
otherwise provided in this Act, the Commission shall, in relation to any
matter before it, conduct its proceedings in public unless the Commission, at
any stage of the proceedings, is of the opinion that the objects of the Act
will be better served by conducting the proceedings in private.
(2) The powers
contained in subsection (1)(p), (q) and (r) may, if the Commission so
directs in any case, be exercised by an officer of the Commission or by an
expert to whom any matter has been referred by the Commission.
[Section 27 amended by No. 121 of 1982
s. 10; No. 94 of 1984 s. 18 and 66; No. 20 of 2002
s. 122.]