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Workplace Relations and Other Legislation Amendment (Abolishment of Industrial Relations Court) Proclamation 2020

Workplace Relations and Other Legislation Amendment (Abolishment of Industrial Relations Court) Proclamation 2020

Administered by Attorney-General's Department

Legislation au F2020L01632 Not in force Legislative Instrument

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Workplace relations and other legislation amendment (abolishment of industrial relations court) proclamation 2020

EXPLANATORY STATEMENT

Issued by authority of the Attorney-General

in compliance with section 15J of the Legislation Act 2003

Purpose and operation of the Instrument

The purpose of the proposed Proclamation is to provide for the formal abolition of the Industrial Relations Court of Australia (Industrial Relations Court) on 1 March 2021.

Item 84 of Schedule 16 to the Workplace Relations and Other Legislation Amendment Act 1996 (the Act) provides that the Industrial Relations Court is to be abolished on a day fixed by proclamation when no person held office as a judge of the court. The final Judge of the Court, the Hon Anthony North QC, retired on 11 September 2018.

In 1977, the Federal Court of Australia (Federal Court) was vested with jurisdiction to hear and determine industrial law matters. The Industrial Relations Reform Act 1993 came into force in March 1994. That Act divested jurisdiction for industrial relations matters from the Federal Court and placed it in a standalone court, the Industrial Relations Court. The Industrial Relations Court had original and appellate jurisdiction and was a superior court of law and equity. In 1996, the Act repealed provisions establishing the Industrial Relations Court and transferred its jurisdiction to the Federal Court.

Item 68 of Schedule 16 to the Act provided that the Industrial Relations Court was to continue in existence subject to other provisions in Part 3 of Schedule 16, including items 72 and 84. Item 72 of Schedule 16 provided that the Chief Justice and Judges were to continue to hold office as if relevant provisions establishing the court in the Industrial Relations Act 1988 had not been repealed. Item 84 of Schedule 16 provided that the Industrial Relations Court was to be abolished on a day fixed by proclamation when no person held office as a judge of the court.

Staff were transferred to the Federal Court on 25 May 1997, and the last case in the Industrial Relations Court was finalised in the 2005/2006 financial year. As such, it is appropriate for a proclamation to be issued under item 84 of Schedule 16.

Table item 598 of Schedule 1 to the Amending Acts 1990 to 1999 Repeal Act 2016 repealed the Act. Subsection 3(2) of the Amending Acts 1990 to 1999 Repeal Act 2016 provided that the continuing operation of application, saving and transitional provisions was not affected. Part 3 of Schedule 16 to the Act (titled Transitional and saving provisions) contains transitional and savings provisions. Therefore, the continuing operation of items 68, 72 and 84, which are in Part 3, was not affected.

The Proclamation would be repealed at the start of 2 March 2021. The reason for this provision is because the Proclamation would have no further operation once the Industrial Relations Court is abolished.

The Proclamation is merely intended to finalise the abolition of the Industrial Relations Court, which has not been in effective operation since 1996. It does not change the current federal courts structure.

Documents incorporated by reference

There are no documents incorporated by reference.

Consultation

In October 2019, the Industrial Relations Group of the Attorney-General's Department advised there was no sensitivity in abolishing the Industrial Relations Court. There was no further consultation because the proposed Proclamation is merely an administrative change and makes no substantive changes to the current operation of the federal courts structure.

Regulation Impact Statement

The regulatory impact of the new Regulations was assessed through completion of a Regulation Impact Statement (RIS) Preliminary Assessment. On the basis of this assessment, the Office of Best Practice Regulation advised that a RIS was not required (OBPR ID: 43079).

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Workplace Relations and Other Legislation Amendment (Abolishment of Industrial Relations Court) Proclamation 2020

This disallowable legislative instrument is compatible with the human rights and freedoms or declared in the international in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the disallowable legislative instrument

The Workplace Relations and Other Legislation Amendment (Abolishment of Industrial Relations Court) Proclamation 2020 (Proclamation) formally abolishes the Industrial Relations Court of Australia (Industrial Relations Court) on 1 March 2021. The Court ceased effective operation in 1996. Hence this Proclamation tidies up the statute book.

Item 84 of Schedule 16 to the Workplace Relations and Other Legislation Amendment Act 1996 (the Act) provides that the Industrial Relations Court of Australia (Industrial Relations Court) is to be abolished on a day fixed by proclamation when no person held office as a judge of the court. The final Judge of the Court, the Hon Anthony North QC, retired on 11 September 2018.

Table item 598 of Schedule 1 to the Amending Acts 1990 to 1999 Repeal Act 2016 repealed the Act. Subsection 3(2) of the Amending Acts 1990 to 1999 Repeal Act 2016 provided that the continuing operation of application, saving and transitional provisions was not affected. Part 3 of Schedule 16 to the Act (titled Transitional and saving provisions) contains transitional and savings provisions, and so the continuing operation of items 68, 72 and 84, which are in Part 3, was not affected.

Human rights implications

This disallowable legislative instrument does not engage any of the applicable rights or freedoms. This is because it is merely an administrative change and makes no substantive changes to the current federal courts structure, or people’s ability to have recourse to the courts for matters that the Court historically exercised jurisdiction over.

Conclusion

This disallowable legislative instrument is compatible with human rights as it does not raise any human rights issues.

Attachment A

NOTES ON SECTIONS

Section 1 – Name

Section 1 provides that the title of the instrument is the Workplace Relations and Other Legislation Amendment (Abolishment of Industrial Relations Court) Proclamation 2020.

Section 2 – Commencement

Section 2 provides that the instrument commences on the day after the instrument is registered.

Section 3 – Authority

Section 3 provides that the instrument is made under item 84 of Schedule 16 to the Workplace Relations and Other Legislation Amendment Act 1996.

Section 4 – Abolition of the Industrial Relations Court

Section 4 provides that the Industrial Relations Court is to be abolished on 1 March 2021.

Section 5 – Repeal of this instrument

Section 5 provides that the Proclamation is to be repealed at the start of 2 March 2021.

Overview

The Workplace Relations and Other Legislation Amendment (Abolishment of Industrial Relations Court) Proclamation 2020 was enacted to formally abolish the Industrial Relations Court of Australia, which had ceased effective operation in 1996. This proclamation was issued by the Commonwealth of Australia under the authority of the Attorney-General in compliance with the Legislation Act 2003. The primary purpose of this legislation is to tidy up the statute book by officially abolishing the Industrial Relations Court, which has not been in effective operation since the jurisdiction for industrial relations matters was transferred to the Federal Court in 1996. This administrative change does not alter the current federal courts structure or affect individuals' access to the courts for matters historically under the jurisdiction of the Industrial Relations Court. The proclamation will be repealed on 2 March 2021, as it will have no further operation once the court is abolished.

Scope and Application

The Workplace Relations and Other Legislation Amendment (Abolishment of Industrial Relations Court) Proclamation 2020 applies to the formal abolition of the Industrial Relations Court of Australia, a court that has not been in effective operation since 1996 when its jurisdiction was transferred to the Federal Court of Australia. This Proclamation is made under item 84 of Schedule 16 to the Workplace Relations and Other Legislation Amendment Act 1996, which provides for the abolition of the Industrial Relations Court on a day fixed by proclamation when no person holds office as a judge of the court. The Proclamation, which comes into effect on the day after it is registered, will formally abolish the Industrial Relations Court on 1 March 2021. The instrument will be repealed at the start of 2 March 2021, as it will have no further operation once the Industrial Relations Court is abolished. The Proclamation does not engage any human rights issues as it constitutes an administrative change that does not alter the current federal courts structure or people's ability to have recourse to the courts for matters the Industrial Relations Court historically exercised jurisdiction over.

Key Provisions

The Workplace Relations and Other Legislation Amendment (Abolishment of Industrial Relations Court) Proclamation 2020 (section 4) formally abolishes the Industrial Relations Court of Australia on 1 March 2021, a court which had already ceased effective operation in 1996. This follows the retirement of the final judge of the court, the Hon Anthony North QC, on 11 September 2018. The proclamation is issued under item 84 of Schedule 16 to the Workplace Relations and Other Legislation Amendment Act 1996, which states that the Industrial Relations Court will be abolished on a day fixed by proclamation when no person holds office as a judge of the court. The court's jurisdiction has been transferred to the Federal Court of Australia since 1996, and its staff were transferred to the Federal Court on 25 May 1997. The last case in the Industrial Relations Court was finalised in the 2005/2006 financial year. The proclamation is set to be repealed at the start of 2 March 2021, as it will have no further operation once the Industrial Relations Court is abolished. The obligations imposed by the proclamation on parties or entities it governs primarily relate to the formal abolition of the Industrial Relations Court. As the court has been effectively non-operational since 1996, the main obligation is the issuance of the proclamation to formalise the abolition process. The proclamation ensures that the Industrial Relations Court is officially abolished and that it no longer holds any jurisdiction or authority. This is in line with the transitional and saving provisions outlined in Part 3 of Schedule 16 of the Workplace Relations and Other Legislation Amendment Act 1996. These provisions ensure that the abolition of the court does not affect the continuing operation of other related provisions. The Workplace Relations and Other Legislation Amendment (Abolishment of Industrial Relations Court) Proclamation 2020 does not introduce new offences or penalties, as it is primarily an administrative measure to formalise the abolition of a court that has been non-operational since 1996. The proclamation itself does not impose any civil or criminal consequences for breach, as it does not engage any of the applicable rights or freedoms. The compatibility of the proclamation with human rights has been assessed, and it has been determined that the proclamation is compatible with human rights as it does not raise any human rights issues. The proclamation ensures that the abolition of the Industrial Relations Court is properly documented and that the court no longer holds any jurisdiction or authority, thereby maintaining the integrity of the federal courts structure.

Area of Law: Administrative Law; Civil Litigation & Procedure; Courts & Judiciary
Instrument: Proclamation
Concepts: Commencement Provisions; Repeal & Amendment; Transitional Provisions; Delegated & Subordinate Legislation; Offence Provisions

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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