Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 558

558 What court may do

(1) On an appeal under section 556 or 557 , the court may—

(a) dismiss the appeal; or

(b) allow the appeal, set aside the decision and substitute another decision; or

(c) allow the appeal and amend the decision; or

(d) allow the appeal, suspend the operation of the decision and remit the matter, with or without directions, to the commission or an Industrial Magistrates Court to act according to law.

(2) Also, the court may direct an industrial magistrate to issue a warrant for the appellant’s arrest if—

(a) under the decision that was appealed, the appellant was sentenced to a term of imprisonment; and

(b) the appellant was released from custody by a magistrate under the rules made under section 551 ; and

(c) after the appeal is decided, discontinued or struck out, the appellant is still required to serve all or part of the term of imprisonment.

(3) The industrial magistrate must comply with the direction.

(4) When arrested, the appellant must be taken to a corrective services facility within the meaning of the Corrective Services Act 2006 to serve the unexpired portion of the term of imprisonment to which the appellant was sentenced.