Industrial Relations Act 1996

Meaning of “pending proceedings” This clause applies in relation to proceedings before a Full Bench of the Commission in Court Session (pending proceedings) that were commenced (but not completed) by the Full Bench before the abolition day.

Heard or partly heard proceedings Pending proceedings that were heard, or partly heard, by a Full Bench of the Commission in Court Session before the abolition day may continue to be dealt with and determined by a Full Bench of the Commission in Court Session.

The provisions of this Act and any other legislation or law that would have applied to or in respect of proceedings referred to in subclause (2) had the amending Act not been enacted continue to apply to those proceedings.

Unheard proceedings The following provisions apply in respect of pending proceedings that had not commenced to be heard before the abolition day—

if the function of determining proceedings of the kind concerned becomes the function of the Supreme Court or the Court of Criminal Appeal on that day because of amendments made by the amending Act—the proceedings are taken, on and from that day, to have been commenced in the Supreme Court or the Court of Criminal Appeal (as the case requires) and may be heard and determined accordingly,

if the function of determining proceedings of the kind concerned becomes the function of the Commission other than in Court Session on that day because of amendments made by the amending Act—the proceedings are taken, on and from that day, to have been commenced in the Commission and may be heard and determined accordingly,

if the function of determining proceedings of the kind concerned becomes the function of the Commission in Court Session (constituted by a single judicial member) on that day because of amendments made by the amending Act—the proceedings are taken, on and from that day, to have been commenced in the Commission in Court Session and may be heard and determined by a single judicial member accordingly.

The provisions of this Act and any other legislation (as amended by the amending Act) apply to and in respect of proceedings referred to in subclause (4).

Definitions In this clause—