New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 197

197 Appeals from Local Court

(1) An appeal lies to the Commission in Court Session against--

(a) any order made under this Act by the Local Court for the payment of money or the dismissal by the Local Court of an application for such an order (including a dismissal on the ground that it does not have jurisdiction to deal with the application), or

(b) any conviction or penalty imposed by the Local Court for an offence against this Act or the regulations, or

(c) a civil penalty imposed under this Act by the Local Court for a contravention of an industrial instrument or the dismissal by the Local Court of proceedings for such a civil penalty, or

(d) a civil penalty imposed under Division 7 of Part 13 of the Work Health and Safety Act 2011 by the Local Court for a contravention of a WHS civil penalty provision or the dismissal by the Local Court of proceedings for such a civil penalty.

(2) The following apply, subject to the regulations under this Act, to an appeal referred to in subsection (1)--

(a) the provisions of the Crimes (Appeal and Review) Act 2001 , Parts 3 and 6 that relate to the following--

(i) an appeal from the Local Court to the District Court,

(ii) a decision of the District Court on the appeal,

(iii) the carrying out or enforcement of the decision,

(b) the provisions of the Crimes (Appeal and Review) Act 2001 as applied by the Local Court Act 2007 , section 70.

(4) The Commission in Court Session may refer a matter the subject of an appeal back to the Local Court with such directions or recommendations as it considers appropriate.

(5) Section 179--

(a) applies to a decision or purported decision of the Local Court in proceedings to which this section applies in the same way as it applies to a decision or purported decision of the Commission, and

(b) without limiting that section, applies to a decision or purported decision of the Commission in relation to proceedings to which this section applies.

Note : The provisions of this section are extended to similar proceedings under other industrial relations legislation eg section 14 of the Annual Holidays Act 1944 ; section 14 of the Long Service Leave Act 1955 .