Western Australian Consolidated Acts

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INDUSTRIAL RELATIONS ACT 1979 - SECT 8

8 .         Constitution of Commission

        (1)         The Commission by the name The Western Australian Industrial Commission established under the repealed Act is hereby continued in existence subject to this Act under the name The Western Australian Industrial Relations Commission.

        (2)         The Commission shall consist of the following members — 

            (a)         a President;

            (b)         a Chief Commissioner;

            (c)         a Senior Commissioner; and

            (d)         such number of other commissioners as may, from time to time, be necessary for the purposes of this Act,

                who shall be respectively appointed to their offices by the Governor by commission in Her Majesty’s name.

        (2a)         For the purposes of section 51H of the Occupational Safety and Health Act 1984 , one commissioner appointed under subsection (2)(d) is to be a person who, in addition to the other attributes required for appointment, has —

            (a)         knowledge of or experience in the field of occupational safety and health; and

            (b)         knowledge of that Act, the Mines Safety and Inspection Act 1994 , the Petroleum and Geothermal Energy Resources Act 1967 , the Petroleum Pipelines Act 1969 or the Petroleum (Submerged Lands) Act 1982,

                but the function given by section 51H(1) of that Act to the commissioner so appointed does not preclude that commissioner from otherwise performing the functions of a commissioner under this Act.

        (3)         The order of seniority of commissioners is — 

            (a)         Chief Commissioner;

            (b)         Senior Commissioner;

            (c)         other commissioners according to the dates of their appointments unless 2 or more of their appointments are made on the same day in which case their order of seniority is such as shall be assigned to them by the Governor when appointing them.

        [Section 8 amended by No. 94 of 1984 s. 8 and 66; No. 51 of 2004 s. 70(3); No. 68 of 2004 s. 87(3); No. 13 of 2005 s. 49(3); No. 35 of 2007 s. 97(3).]



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