Industrial Relations Act 2016

Proceedings for an offence against this Act are to be heard and decided by the court or a magistrate, within the limits of the court’s or magistrate’s jurisdiction.

Proceedings before a magistrate are to be heard and decided summarily under the Justices Act 1886, but the Industrial Magistrates Court where the proceedings are started must be constituted by a magistrate sitting alone.

If the parties to proceedings before a magistrate agree, by notice signed by the parties or their representatives, that the proceedings should be started or continued before another magistrate at an agreed place in the State other than the place where the proceedings are to be heard and decided under the Justices Act 1886—

the other magistrate at the agreed place is authorised to hear and decide the proceedings; and

jurisdiction is conferred on the other magistrate.

If the agreement is made after the proceedings have started, the magistrate must—

adjourn the proceedings to the magistrate at the agreed place; and

send the record of the proceedings before the magistrate to the clerk of the Magistrates Court at the agreed place.

For the adjourned proceedings, evidence heard or produced in the proceedings before it was adjourned is taken to have been heard or produced before the magistrate to whom the proceedings were adjourned, unless the parties otherwise agree.