Commonwealth Numbered Acts

INDUSTRIAL RELATIONS REFORM ACT 1993 No. 98 of 1993 - SECT 40

40. After section 166 of the Principal Act the following section is inserted:
Restriction on certain actions in tort

"166A.(1) Subject to this section, an action in tort under the law of a State
or Territory may not be brought by a person against an organisation of
employees, or an officer, member or employee of such an organisation, in
relation to conduct by the organisation, or by the officer, member or employee
acting in that capacity, in contemplation or furtherance of claims that are
the subject of an industrial dispute unless the Commission:

   (a)  has certified in writing as mentioned in paragraph (6)(a) or (c) in
        respect of the conduct; or

   (b)  has certified in writing as mentioned in paragraph (6)(b) in relation
        to the person in respect of the conduct.

"(2) Subsection (1) does not apply to:

   (a)  conduct that has resulted in:

        (i)    personal injury; or

        (ii)   wilful or reckless destruction of, or damage to, property; or

        (iii)  the unlawful taking, keeping or use of property; or

   (b)  conduct arising out of a demarcation dispute; or

   (c)  conduct arising out of a dispute relating to a claim for payment to
        employees in respect of a period during which the employees engaged,
        or engage, in industrial action.

"(3) A person who wants to bring an action in tort in respect of conduct to
which subsection (1) applies may give written notice to a member of the
Commission or a Registrar stating that the person wants to bring the action.

"(4) If a notice under subsection (3) is given to a Registrar, he or she must
tell a member of the Commission as soon as practicable.

"(5) If such a notice is given, the Commission must take immediate steps to
try, or to continue to try, by the exercise of its powers under this Act, to
stop the conduct.

"(6) If:

   (a)  after the Commission starts to exercise conciliation powers in
        relation to the industrial dispute it forms the opinion that it is not
        likely to be able to stop the conduct promptly; or

   (b)  the Commission decides that it would cause substantial injustice to
        the person who gave a notice under subsection (3) in respect of the
        conduct if the person were prevented from bringing the action to which
        the notice relates while the Commission is exercising conciliation
        powers in relation to the industrial dispute; or

   (c)  the Commission has not stopped the conduct by the end of 72 hours
        after the notice was given under subsection (3) in respect of the
        conduct; the Commission must immediately certify in writing to that
        effect.".