Western Australian Consolidated Acts

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INDUSTRIAL RELATIONS ACT 1979 - SECT 34

34 .         Decision to be in form of award, order, or declaration

        (1)         The decision of the Commission shall be in the form of an award, order, or declaration and shall in every case be signed and delivered by the commissioner constituting the Commission that heard the matter to which the decision relates or, in the case of a decision of the Commission in Court Session, shall be signed and delivered by the Senior Commissioner among the commissioners constituting the Commission in Court Session.

        (2)         When the members of the Commission in Court Session are divided in opinion on a question, the question shall be decided according to the decision of the majority of the members.

        (3)         Proceedings before the President, the Full Bench, or the Commission shall not be impeached or held bad for want of form nor shall they be removable to any court by certiorari or otherwise —

            (a)         on any ground relating to jurisdiction; or

            (b)         on any other ground.

        (4)         Except as provided by this Act, no award, order, declaration, finding, or proceeding of the President, the Full Bench, or the Commission shall be liable to be challenged, appealed against, reviewed, quashed, or called in question by any court —

            (a)         on any ground relating to jurisdiction; or

            (b)         on any other ground.

        [Section 34 amended by No. 94 of 1984 s. 23; No. 20 of 2002 s. 124.]



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