Where the Industrial Relations Commission is not sitting in Court Session, s 163(1)(b) of the Industrial Relations Act 1996 permits a judge conducting a remitted hearing to rely upon findings of credibility and reliability made by an earlier judge who saw and heard the witnesses. A Full Bench that refuses leave to appeal has no power to also dismiss the appeal, and such an order constitutes jurisdictional error that is severable from the valid refusal of leave. Delay of over 12 months in commencing judicial review proceedings, combined with the absence of arguable grounds of jurisdictional error, may warrant discretionary refusal of prerogative relief.
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