Courts and Crimes Legislation Further Amendment Act 2010 (NSW)

An Act to amend various Acts with respect to courts, crimes, evidence, criminal and civil procedure, victims compensation and other matters.

1Name of Act

This Act is the Courts and Crimes Legislation Further Amendment Act 2010.

2Commencement(1)

This Act commences on the date of assent to this Act, except as provided by subsection (2).

(2)

The following provisions commence on the dates indicated:

• (a)

  Schedule 4—25 February 2011 or such earlier day as may be appointed by proclamation,

• (b)

  Schedules 6.1, 6.2, 6.4, 14 [1] and 18—a day or days to be appointed by proclamation,

• (c)

  Schedule 12.2 [2]—14 January 2011,

• (d)

  Schedule 14 [2]—the date of assent to this Act, or the date of commencement of Schedule 1 [2] to the Industrial Relations Further Amendment (Jurisdiction of Industrial Relations Commission) Act 2009, whichever is the later.

Schedules 1–13

(Repealed)

Schedule 14Amendment of Industrial Relations Act 1996 No 17[1]Section 162C

Insert after section 162B:

162CExercise of certain functions under federal Act by Commissioner(1)

A Commissioner who is an Australian lawyer may exercise any function of the Commission in Court Session in respect of small claims proceedings.

(2)

If the Commissioner gives a direction, makes an order or does any other thing in relation to small claims proceedings, the Commission in Court Session may, on application by a party to the proceedings:

• (a)

  review the direction, order or action, and

• (b)

  by order confirm, vary or discharge the direction or order or take such other action as it thinks fit.

(3)

In this section:

small claims proceedings means proceedings dealt with as small claims proceedings under section 548 of the Fair Work Act 2009 of the Commonwealth.

[2]Section 364 Definitions (as amended by Industrial Relations Further Amendment (Jurisdiction of Industrial Relations Commission) Act 2009)

Insert “the Commission constituted by” before “a Commissioner who is an Australian lawyer” in paragraph (a1) in the definition of industrial court in section 364 (1).

Schedules 15–19

(Repealed)