Industrial Relations Amendment Act 2005 (WA)

1.

Short title

2

2.

Commencement

2

3.

The Act amended

2

4.

Section 16 amended

2

5.

Section 16A inserted

3

16A.

Delegation by Chief Commissioner

3

6.

Section 17 amended

4

7.

Section 18 amended

4

8.

Section 25 amended

5

9.

Section 98 amended

5

This Act comes into operation on the day after the day on which

it receives the Royal Assent.

The amendments in this Act are to the Industrial Relations

Act 1979*.

Section 16(1) is repealed and the following subsections are

inserted instead —

(1)

In subsections (1aa) to (1ac) —

“Commission” includes the Full Bench, the

(1aa)

The Chief Commissioner is responsible for matters of

an administrative nature relating to the Commission

and members of the Commission.

(1ab)

Subject to this Act, the Chief Commissioner may

allocate and reallocate the work of the Commission and

may assign or appoint Commissioners for the purposes

of constituting the Commission, or altering the

constitution of the Commission, in relation to a matter.

(1ac)

When it is continuing to deal with and deciding a

matter that has been reallocated, or in relation to which

its constitution has been altered, the Commission can

have regard to —

(a)

any record of the proceedings of the Commission in relation to the matter before the reallocation or alteration; or

(b)

any evidence taken in the proceedings before the reallocation or alteration.

“

16A.

Delegation by Chief Commissioner

(1)

The Chief Commissioner may delegate to another member of the Commission any power or duty of the Chief Commissioner under another provision of

this Act.

(2)

The delegation must be in writing signed by the Chief

Commissioner.

(3)

A person to whom a power or duty is delegated in

accordance with this section cannot delegate that power

or duty.

(4)

A person exercising or performing a power or duty that

has been delegated to the person in accordance with

this section is taken to do so in accordance with the

terms of the delegation unless the contrary is shown.

(5)

Nothing in this section limits the ability of the Chief

Commissioner to perform a function through an officer

or agent.