Young Offenders Act 1994

s. 26(1)(a) and (b)

s. 26(3)

s. 27(1)(b), (c), (d), (e), (f), (h), (ha), (hb), (l), (m), (n), (o) and (v)

s. 27(1a)

s. 28

The section applies only in relation to powers conferred by section 27 listed in this Table.

s. 31(1)

Paragraphs (b) and (c) do not apply but the subsection is to be read as if it contained the following paragraphs —

“ (b)

with the leave of the Commission, by an agent; or

(c)

by a legal practitioner. ”.

s. 31(3)

s. 31(5)

s. 32

Section 32(1) is to be read as if a reference to “Where an industrial matter has been referred to the Commission the Commission shall” were a reference to “If the Commission is dealing with an appeal instituted under the Young Offenders Act 1994 section 11CH, the Commission may recommend that the parties to the appeal”.

References to “the matter” and “an industrial matter” are to be read as if they were references to “the appeal”.

For the purposes of subsections (2) and (3), Commission does not include an industrial commissioner constituting the WAIRC to hear the appeal.

Subsections (4), (6), (7) and (8) do not apply.

s. 33

A summons must not be issued under section 33(1)(a) to the Governor.

A summons may be issued to the chief executive officer or the Minister but only at the direction of a commissioner appointed under the Industrial Relations Act 1979 if that commissioner is satisfied that there are extraordinary grounds for doing so.

A summons may not be issued to any other person except at the direction of a commissioner.

s. 34

A reference in subsection (1) to “an award, order or declaration” is to be read as if it were a reference to “an order”.

A reference in subsection (4) to “no award, order, declaration, finding, or proceeding” is to be read as if it were a reference to “no decision, order, finding or proceeding”.

s. 35

s. 36

s. 86

The section does not apply in relation to costs and expenses, other than expenses of witnesses.

s. 90

A reference in subsection (1) to “any decision of the Full Bench, the Commission on an application under section 49(11) or the Commission in Court Session” is to be read as if it were a reference to “a decision of the Commission under the Young Offenders Act 1994 section 11CP”.