Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Industrial Relations Act 1996 and certain other
legislation to confer on the Industrial Relations Commission in Court Session
(otherwise known as the Industrial Court of New South Wales) the criminal and civil
jurisdiction that is currently exercised by Industrial Magistrates under that
legislation.

The Bill also provides that:

(a) certain civil jurisdiction exercised by Industrial Magistrates will be retained by
Local Courts sitting at various places (referred to as designated places) outside
of the Sydney metropolitan area, and

(b) Local Courts will cease to exercise criminal jurisdiction in relation to offences
under the Industrial Relations Act 1996, the Occupational Health and Safety
Act 2000 and certain other industrial legislation, and

(c) existing Industrial Magistrates will continue in office as Local Court
Magistrates.

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Industrial Relations Amendment (Jurisdiction of Industrial Relations Commission) Bill 2009
Explanatory note

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.

Schedule 1 Amendment of Industrial Relations Act
1996
At present under Part 1 of Chapter 7 of the Industrial Relations Act 1996 (the Act),
both the Industrial Court and a Local Court constituted by an Industrial Magistrate
have jurisdiction in relation to breaches of industrial instruments (including ordering
a person to pay a civil penalty for such a breach and granting injunctions to restrain
further contraventions of industrial instruments). Schedule 1 [6]–[10] remove the
jurisdiction of Industrial Magistrates under Part 1 of Chapter 7 so that only the
Industrial Court will have jurisdiction in relation to breaches of industrial
instruments. Schedule 1 [2] and [3] are consequential amendments.

Schedule 1 [11] will provide that the civil jurisdiction of a Local Court under Part 2
of Chapter 7 of the Act (which relates to orders for the recovery of remuneration and
other amounts payable by employers) will be exercised by a Local Court sitting at a
designated place and not by an Industrial Magistrate. Schedule 1 [4] and [13] are
consequential amendments. The amendment made by Schedule 1 [11] does not affect
the jurisdiction of the Industrial Court under Part 2 of Chapter 7 of the Act.

Schedule 1 [12] makes it clear that a Commissioner of the Industrial Relations
Commission or a Deputy President of the Commission may undertake conciliation
on behalf of the Industrial Court in relation to proceedings under Part 2 of Chapter 7
of the Act and make orders to give effect to the terms of any settlement resulting from
the conciliation.

Schedule 1 [14] is consequential on the amendment made by Schedule 1 [11] but will
also enable the Industrial Commission to refer applications for orders for the
recovery of money that are made during proceedings before the Commission to Local
Courts sitting at designated places.

Schedule 1 [15] removes provisions relating to the appointment and jurisdiction of
Industrial Magistrates (including the Chief Industrial Magistrate). Schedule 1 [1] is
a consequential amendment.

Schedule 1 [16] removes the criminal jurisdiction of Local Courts (whether or not
constituted by an Industrial Magistrate) under the Act so that only the Industrial
Court will have jurisdiction to deal with offences under the Act. Schedule 1 [5] is a
consequential amendment. The amendment made by Schedule 1 [4] also removes the
provision for appeals to be made to the Industrial Court against a conviction or
penalty imposed by a Local Court for an offence under the Act.

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Industrial Relations Amendment (Jurisdiction of Industrial Relations Commission) Bill 2009
Explanatory note
Schedule 1 [17] removes a note that incorrectly refers to the application of section
179 of the Criminal Procedure Act 1986 in relation to criminal proceedings before
the Industrial Court.

Schedule 1 [18] specifies the designated places where a Local Court will continue to
have civil jurisdiction under the Act.

Schedule 1 [19] enables regulations of a savings or transitional nature to be made as
a consequence of the proposed Act.

Schedule 1 [20] contains savings and transitional provisions, including a provision
confirming that a person holding office as an Industrial Magistrate (including the
Chief Industrial Magistrate) immediately before the abolition of that office is entitled
to hold office, without any loss of remuneration, as a Magistrate for the remainder of
his or her term of appointment as an Industrial Magistrate.

Schedule 2 Amendment of other legislation
Schedule 2 contains amendments to the following Acts and regulation:

Annual Holidays Act 1944
Apprenticeship and Traineeship Act 2001
Bail Act 1978
Building and Construction Industry Long Service Payments Act 1986
Court Security Act 2005
Criminal Procedure Act 1986
Dangerous Goods (Road and Rail Transport) Act 2008
Employment Protection Act 1982
Entertainment Industry Act 1989
Essential Services Act 1988
Industrial Relations (Child Employment) Act 2006
Industrial Relations (General) Regulation 2001
Judicial Officers Act 1986
Long Service Leave Act 1955
Occupational Health and Safety Act 2000
Rail Safety Act 2008
Shop Trading Act 2008
Statutory and Other Offices Remuneration Act 1975
Workers Compensation Act 1987
Workplace Injury Management and Workers Compensation Act 1998

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Industrial Relations Amendment (Jurisdiction of Industrial Relations Commission) Bill 2009
Explanatory note
The amendments to these Acts and regulation generally provide for the following:

(a) the transfer of the civil jurisdiction of Industrial Magistrates to either the
Industrial Court or Local Courts sitting at designated places,

(b) the removal of the criminal jurisdiction of Local Courts (whether or not
constituted by an Industrial Magistrate) so that only the Industrial Court will
have jurisdiction to deal with offences under these Acts,

(c) amendments that are consequential on the removal of the civil and criminal
jurisdiction of Industrial Magistrates and on the abolition of that office.

In particular, the amendments to the Occupational Health and Safety Act 2000 will
enable various appeals and applications for review in relation to notices and
decisions of the WorkCover Authority to be made to the Industrial Court or a Local
Court sitting at a designated place instead of to an Industrial Magistrate.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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