Magistrates Court (Industrial Proceedings) Amendment Act 2013 (ACT)
Magistrates Court (Industrial Proceedings) Amendment Act 2013
A2013-43
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
4 New chapter 4D 2
5 ACT and corresponding courtsSchedule 2, item 1, column 2 8
6 Dictionary, new definitions of industrial or work safety matter and industrial or work safety offence 9
Schedule 1 Consequential amendments 10
Part 1.1 Court Procedures Act 2004 10
Part 1.2 Evidence (Miscellaneous Provisions) Act 1991 10
Part 1.3 Legislation Act 2001 11
Magistrates Court (Industrial Proceedings) Amendment Act 2013
A2013-43
An Act to amend the Magistrates Court Act 1930, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Name of Act
This Act is the Magistrates Court (Industrial Proceedings) Amendment Act 2013.
Commencement
This Act commences on the day after its notification day.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Legislation amended
This Act amends the Magistrates Court Act 1930.
NoteThe Act also amends the following legislation (see sch 1):
· Court Procedures Act 2004
· Evidence (Miscellaneous Provisions) Act 1991
· Legislation Act 2001.
New chapter 4D
insert
Chapter 4DThe Industrial Court
Part 4D.1Preliminary
291ODefinitions—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.2The Industrial Court
291PIndustrial 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.
291QJurisdiction 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.
NoteA 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.
291RChief 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).
291SIndustrial 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).
291TTransfer 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.3Industrial Court Magistrate
291UIndustrial 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.
NoteA notifiable instrument must be notified under the Legislation Act.
291VActing 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.
291WAssignment 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).
291XIndustrial 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.
ACT and corresponding courts
Schedule 2, item 1, column 2insert
Industrial Court
Dictionary, new definitions of industrial or work safety matter and industrial or work safety offence
insert
industrial or work safety matter, for chapter 4D (The Industrial Court)—see section 291Q (1).
industrial or work safety offence, for chapter 4D (The Industrial Court)—see section 291O.
Schedule 1Consequential amendments
(see s 3)
Part 1.1Court Procedures Act 2004
[1.1]New part 7B
insert
Part 7BProcedural provisions—industrial or work safety matters
74NIndustrial Court procedure
(1)The Magistrates Court Act 1930, chapter 3 (Criminal proceedings), and the rules applying to criminal proceedings in the Magistrates Court, apply to the Industrial Court in relation to a criminal proceeding.
(2)The rules applying to civil proceedings in the Magistrates Court apply to the Industrial Court in relation to any other proceeding.
Part 1.2Evidence (Miscellaneous Provisions) Act 1991
[1.2]Section 5, definition of Magistrates Court
substitute
Magistrates Court includes—
(a)the Childrens Court; and
(b)the Industrial Court.
Part 1.3Legislation Act 2001
[1.3]Dictionary, part 1, new definition of Industrial Court
insert
Industrial Court means the Industrial Court under the Magistrates Court Act 1930, section 291P.
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 8 August 2013.
Notification
Notified under the Legislation Act on 7 November 2013.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the Magistrates Court (Industrial Proceedings) Amendment Bill 2013, which was passed by the Legislative Assembly on 29 October 2013.
Clerk of the Legislative Assembly
© Australian Capital Territory 2013
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