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

Overview of Bill

The object of this Bill is to allow Commissioners of the Industrial Relations
Commission who are Australian lawyers to hear and determine small claims
applications for orders for the recovery of remuneration and other amounts payable
by employers.

The Bill also amends other related legislation by way of statute law revision.

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 to be
appointed by proclamation. However, an amendment made by Schedule 2 to the
proposed Act will commence immediately before the amending provision that it
amends.

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Explanatory note page 2

Industrial Relations Further Amendment (Jurisdiction of Industrial Relations Commission) Bill
2009
Explanatory note
Schedule 1 Amendment of Industrial Relations Act
1996 No 17
The Industrial Relations Act 1996 (the principal Act) confers jurisdiction on the
Industrial Relations Commission in Court Session and the Local Court constituted by
an Industrial Magistrate to hear and determine small claims applications for orders
for the recovery of remuneration and other amounts payable by employers.

(Uncommenced amendments made by another Act to the principal Act abolish the
office of Industrial Magistrate and confer this jurisdiction of an Industrial Magistrate
instead on the Local Court sitting at a designated place.) The maximum amount that
an employer may be ordered to pay on a small claims application is currently
$20,000. The Industrial Relations Commission (if it is not constituted as the
Commission in Court Session) may deal with a small claims matter only if the matter
arises in the course of other proceedings before the Commission.

In amending the definition of industrial court in section 364 of the principal Act,
Schedule 1 [2] will enable a Commissioner of the Industrial Relations Commission
who is an Australian lawyer to hear and determine “stand alone” small claims
applications (that is, without the matter having to arise in the course of other
proceedings). Schedule 1 [1] makes a consequential amendment.

Schedule 2 Amendment of Industrial Relations
Amendment (Jurisdiction of Industrial
Relations Commission) Act 2009 No 32
Schedule 2 makes various amendments to the Industrial Relations Amendment
(Jurisdiction of Industrial Relations Commission) Act 2009 by way of statute law
revision (mostly to enable certain amendments made by that Act to be incorporable
as intended by that Act).

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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