Pending proceedings under 1991 Act
31 Pending proceedings under 1991 Act
If, before the repeal of the 1991 Act, proceedings in relation to a matter were instituted (or taken to be instituted) in the former 1991 Act Commission or the former Industrial Court, but the hearing of the matter had not been commenced before that repeal, the proceedings are taken to be proceedings instituted in the new Commission.
If, before the repeal of the 1991 Act, the former 1991 Act Commission or the former Industrial Court, had commenced the hearing of, but had not determined, a matter, the person or persons constituting the Commission hearing the matter are to continue the hearing, and are to determine the matter, sitting as the new Commission.
If proceedings referred to in subclause (2) are proceedings before the former Industrial Court, the new Commission sitting to determine the matter is to be the Commission in Court Session (whether or not the matter is one within the jurisdiction of the new Commission in Court Session under this Act).
The repeal of the 1991 Act does not affect any proceedings pending before a Local Court under that Act, whether or not constituted by an Industrial Magistrate.
Section 191 (Nature of appeal) applies to appeals made under the 1991 Act, but not determined before the repeal of that Act.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.