New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 196

196 Appeals from and references by members of Commission in criminal proceedings

(1) This section applies, and the other provisions of this part do not apply, to appeals and references to the Full Bench of the Commission in Court Session in relation to criminal proceedings taken before a judicial member of the Commission.

(2) The Criminal Appeal Act 1912 applies to an appeal or reference referred to in subsection (1) in the same way as it applies to an appeal or reference to the Court of Criminal Appeal in relation to criminal proceedings taken before a Judge of the Supreme Court in its summary jurisdiction.

(3) For subsection (2), a reference, however expressed, in the Criminal Appeal Act 1912 --

(a) to the Court of Criminal Appeal is taken to be a reference to a Full Bench of the Commission in Court Session, and

(b) to the Supreme Court is taken to be a reference to the Commission in Court Session, and

(c) to rules is taken to be a reference to rules of the Commission, and

(d) to the Attorney General is taken to include a reference to the Minister, and

(e) to the Director of Public Prosecutions is taken to include a reference to the prosecutor in the proceedings before the Commission in Court Session, and

(f) to the registrar is taken to be a reference to the Industrial Registrar.

(4) Subsection (2) does not apply to a provision of the Criminal Appeal Act 1912 relating to costs.