Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
Chapter 4D The Industrial Court
Part 4D.1 Preliminary
291O Definitions—ch 4D
In this chapter:
"industrial or work safety matter"—see section 291Q (1).
"industrial or work safety offence" means an offence under an Act mentioned in section 291Q (1) (a).
Part 4D.2 The Industrial Court
291P Industrial Court
(1) The Magistrates Court is known as the Industrial Court when it is constituted by the Industrial Court Magistrate exercising the jurisdiction given under section 291Q.
(2) The Magistrates Court is also known as the Industrial Court when it is constituted by—
(a) a magistrate assigned under section 291W (Assignment of other magistrates for Industrial Court matters) who is exercising the jurisdiction given under section 291Q; or
(b) a magistrate acting under section 291X (2) (Industrial Court—completion of part-heard matters).
(3) The Industrial Court may use the Magistrates Court seal.
291Q Jurisdiction of Industrial Court
(1) The Industrial Court has jurisdiction to hear and decide the following (an industrial or work safety matter ):
(a) a proceeding under the following Acts:
(i) the Dangerous Substances Act 2004
;
(ii) the Machinery Act 1949
;
(iii) the Scaffolding and Lifts Act 1912
;
(iv) the Workers Compensation Act 1951
;
(v) the Work Health and Safety Act 2011
;
(b) a proceeding that an Act states must be heard and decided by the Industrial Court;
(c) a personal action at law arising from substantially the same facts that form the basis of a proceeding mentioned in paragraph (a) or (b) before the court.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act
, s 104).
(2) The Industrial Court may exercise the jurisdiction of the Magistrates Court in relation to the following:
(a) any criminal proceeding in relation to an industrial or work safety offence that is a summary offence against a person, if the person was an adult at the time of the alleged offence;
(b) any criminal proceeding in relation to an industrial or work safety offence that is an indictable offence against a person, if the person was an adult at the time of the alleged offence;
(c) a proceeding in relation to bail for an adult charged with an industrial or work safety offence;
(d) a proceeding in relation to a breach of a sentence imposed by the Magistrates Court for an industrial or work safety offence.
(3) Subsection (2) (b) is subject to the Crimes Act 1900
, section 374 (Summary disposal of certain cases at prosecutor's election) and section 375 (Summary disposal of certain cases).
(4) Subsection (2) (c) is subject to the Bail Act 1992
.
(5) The Industrial Court may exercise the jurisdiction of the Magistrates Court in relation to any industrial or work safety matter.
(6) This section applies—
(a) for a civil proceeding—to an industrial or work safety matter commenced after the commencement of the Magistrates Court (Industrial Proceedings) Amendment Act 2013 ; and
(b) for a criminal proceeding—to a prosecution for an industrial or work safety offence commenced after the commencement of the Magistrates Court (Industrial Proceedings) Amendment Act 2013 .
(7) In this section:
"proceeding", under an Act mentioned in subsection (1) (a)—
(a) includes arbitration; but
(b) does not include a matter that may be brought before the ACAT under the Act.
291R Chief Magistrate to arrange business of Industrial Court
(1) The Chief Magistrate is responsible for allocating, and ensuring the orderly and prompt discharge of, the business of the Industrial Court.
(2) The Chief Magistrate may, subject to appropriate and practicable consultation with the magistrates, make arrangements about—
(a) the magistrate who is to be the Industrial Court Magistrate; and
(b) the assignment of a magistrate under—
(i) section 291V (Acting Industrial Court Magistrate); or
(ii) section 291W (Assignment of other magistrates for Industrial Court matters).
291S Industrial Court Magistrate to hear all matters
(1) The Industrial Court Magistrate is responsible for dealing with all matters before the Industrial Court.
(2) Subsection (1) is subject to—
(a) section 291W (Assignment of other magistrates for Industrial Court matters); and
(b) section 291X (Industrial Court—completion of part-heard matters).
291T Transfer of industrial or work safety matter to Supreme Court
(1) If a party to an industrial or work safety matter (a matter ) applies to have the matter transferred to the Supreme Court, the Industrial Court may, if it considers it appropriate, order that the matter be transferred to the Supreme Court.
(2) If the parties to a matter jointly apply to have the matter transferred to the Supreme Court, the Industrial Court must order that the matter be transferred to the Supreme Court.
(3) If the Industrial Court considers that a matter would be more appropriately dealt with by the Supreme Court, the Industrial Court may order that the matter be transferred to the Supreme Court.
(4) This section does not apply to a proceeding mentioned in section 291Q (2).
Part 4D.3 Industrial Court Magistrate
291U Industrial Court Magistrate
(1) The Chief Magistrate must declare 1 magistrate to be the Industrial Court Magistrate for a stated term of not longer than 4 years.
(2) The Chief Magistrate may declare himself or herself to be the Industrial Court Magistrate.
(3) The Chief Magistrate must not declare a magistrate to be the Industrial Court Magistrate unless satisfied the magistrate is suitably qualified to be the Industrial Court Magistrate.
(4) The Chief Magistrate must revoke a declaration under this section if asked by the Industrial Court Magistrate.
(5) A declaration, or revocation, under this section is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
291V Acting Industrial Court Magistrate
(1) The Chief Magistrate may assign a magistrate to act as Industrial Court Magistrate only if—
(a) there is no Industrial Court Magistrate; or
(b) the Industrial Court Magistrate—
(i) is absent from duty or from the ACT; or
(ii) cannot exercise the functions of the Industrial Court Magistrate for another reason.
(2) A magistrate assigned to act as Industrial Court Magistrate is the Industrial Court Magistrate for this Act and any other Act.
291W Assignment of other magistrates for Industrial Court matters
(1) The Chief Magistrate may assign another magistrate to deal with an industrial or work safety matter if—
(a) the Chief Magistrate is satisfied that—
(i) a perception of bias may arise if the Industrial Court Magistrate were to deal with the matter; or
(ii) it is in the interests of justice to do so; or
(b) a magistrate begins to deal with the matter under this chapter but before the matter is finally decided, the magistrate—
(i) dies; or
(ii) becomes mentally or physically incapacitated, if the incapacity substantially affects the exercise of the magistrate's functions; or
(iii) resigns; or
(iv) is otherwise unable to continue to deal with the matter.
(2) This section is in addition to, and does not limit, section 291V (Acting Industrial Court Magistrate).
291X Industrial Court—completion of part-heard matters
(1) This section applies if—
(a) a magistrate begins to deal with an Industrial Court matter under this chapter; and
(b) before the matter is finally decided, the magistrate ceases to—
(i) be the Industrial Court Magistrate; or
(ii) hold an assignment under section 291V or section 291W.
(2) The magistrate may continue to deal with the matter until it is finally decided.