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INDUSTRIAL RELATIONS FURTHER AMENDMENT (JURISDICTION OF INDUSTRIAL RELATIONS COMMISSION) BILL 2009





Industrial Relations Further
Amendment (Jurisdiction of Industrial
Relations Commission) Bill 2009
No     , 2009


A Bill for

An Act to amend the Industrial Relations Act 1996 to make further provision with
respect to the jurisdiction of the Industrial Relations Commission when constituted
by Commissioners; and to amend other related legislation by way of statute law
revision.
                  Industrial Relations Further Amendment (Jurisdiction of Industrial Relations
Clause 1          Commission) Bill 2009




The Legislature of New South Wales enacts:                                                        1

 1    Name of Act                                                                                 2

               This Act is the Industrial Relations Further Amendment (Jurisdiction of            3
               Industrial Relations Commission) Act 2009.                                         4

 2    Commencement                                                                                5

         (1)   This Act commences on a day to be appointed by proclamation, except                6
               as provided by subsection (2).                                                     7

         (2)   An amendment made by Schedule 2 to a provision of the Industrial                   8
               Relations Amendment (Jurisdiction of Industrial Relations                          9
               Commission) Act 2009 commences immediately before the                             10
               commencement of the provision.                                                    11




Page 2
Industrial Relations Further Amendment (Jurisdiction of Industrial Relations
Commission) Bill 2009

Amendment of Industrial Relations Act 1996 No 17                               Schedule 1




Schedule 1               Amendment of Industrial Relations Act                                1
                         1996 No 17                                                           2

[1]    Section 153 Jurisdiction of Commission in Court Session                                3

       Insert "379 or" after "section" in section 153 (1) (g).                                4

[2]    Section 364 Definitions                                                                5

       Insert after paragraph (a) of the definition of industrial court in                    6
       section 364 (1):                                                                       7
                   (a1) in the case of proceedings under section 379 (Small claims            8
                         procedure)--a Commissioner who is an Australian lawyer               9
                         (in addition to the Commission in Court Session and the             10
                         Local Court referred to in paragraph (c)), or                       11




                                                                                    Page 3
               Industrial Relations Further Amendment (Jurisdiction of Industrial Relations
               Commission) Bill 2009

Schedule 2     Amendment of Industrial Relations Amendment (Jurisdiction of Industrial
               Relations Commission) Act 2009 No 32



Schedule 2            Amendment of Industrial Relations                                        1
                      Amendment (Jurisdiction of Industrial                                    2
                      Relations Commission) Act 2009 No 32                                     3

[1]   Schedules 1 and 2 (except Schedule 2.2 [1] and 2.14 [1])                                 4

      Omit "a Local Court" wherever occurring. Insert instead "the Local Court".               5

[2]   Schedule 1 [12]                                                                          6

      Omit "dealing with those proceedings" from proposed section 371 (4).                     7

[3]   Schedule 1 [14]                                                                          8

      Omit "court" wherever occurring in proposed section 380 (5A).                            9

      Insert instead "Court".                                                                 10

[4]   Schedule 2.2 [1] and 2.14 [1]                                                           11

      Omit "a Local Court constituted by a Magistrate sitting alone" wherever                 12
      occurring.                                                                              13

      Insert instead "the Local Court".                                                       14

[5]   Schedule 2.7 and 2.11 [3]                                                               15

      Insert "a Local Court" before "constituted" wherever occurring.                         16

[6]   Schedule 2.7 and 2.11 [3]                                                               17

      Insert "the Local Court" before "sitting" wherever occurring.                           18

[7]   Schedule 2.10                                                                           19

      Omit "a local court". Insert instead "the Local Court".                                 20

[8]   Schedule 2.14 [4]                                                                       21

      Omit "constituted by a Magistrate sitting alone".                                       22

      Insert instead "the Local Court".                                                       23




Page 4
Industrial Relations Further Amendment (Jurisdiction of Industrial Relations
Commission) Bill 2009

Amendment of Industrial Relations Amendment (Jurisdiction of Industrial        Schedule 2
Relations Commission) Act 2009 No 32


[9]    Schedule 2.14 [4]                                                                     1
       Insert "the Local Court" before "sitting at a designated place".                      2




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