Western Australian Current Acts Western Australian Current Acts (1) Regulations or
rules may prescribe any matter that is necessary or convenient to be
prescribed in relation to issues arising when a written law confers on the
Tribunal jurisdiction to deal with a matter (a devolved matter ) that —
(a) is
of a kind that is substantially similar to a kind of matter that could, before
that jurisdiction was conferred, be dealt with by another tribunal, court,
body, or person (the former adjudicator ); and
(b)
after that jurisdiction is conferred on the Tribunal, no longer comes within
the jurisdiction of the former adjudicator except under this section.
(2) Regulations or
rules under subsection (1) may include provisions that modify the operation of
this Act or another written law or otherwise have effect despite this Act or
another written law.
(3) Without limiting
subsection (1) —
(a)
subsections (2) to (17), which set out general principles governing how to
deal with issues mentioned in subsection (1), have effect; and
(b)
regulations or rules under subsection (1) may make any provision that is
necessary or convenient to apply those general principles.
(4) On the day on
which jurisdiction is conferred on the Tribunal (the transfer day ) —
(a) any
devolved matter the hearing, consideration or determination of which has been
sought or initiated in any way but not commenced before the former adjudicator
is transferred to, and takes place before, the Tribunal; and
(b)
unless otherwise provided in the regulations, if the former adjudicator does
not continue to exist any devolved matter that has been partly or fully heard
before, but not determined by, the former adjudicator is transferred to, and
continues before, the Tribunal; and
(c) if
the former adjudicator continues to exist, any devolved matter that has been
partly or fully heard before, but not determined by, the former adjudicator is
to continue to be dealt with and determined by the former adjudicator unless
it is transferred to the Tribunal under subsection (5) in which case it
continues before the Tribunal; and
(d) any
devolved matter that has been determined by the former adjudicator but —
(i)
would have been appealable had the law in force
immediately before the transfer day continued to apply; or
(ii)
was the subject of an appeal that was not determined
before the transfer day,
is to continue to be
dealt with as if the law in force immediately before the transfer day had
continued to apply; and
(e)
anything ordered, decided, or otherwise done by a former adjudicator in
respect of a devolved matter before the transfer day becomes of the same
effect as if, and enforceable as if, it were ordered, decided, or done by the
Tribunal under the provisions authorising the Tribunal to order, decide, or do
corresponding things after the transfer day.
(5) In the
circumstances described in subsection (4)(c) —
(a) the
former adjudicator may, if it would be practicable for the devolved matter to
continue before the Tribunal, transfer the matter to the Tribunal; and
(b) the
former adjudicator is required to transfer the matter to the Tribunal if
—
(i)
the matter cannot be, or is unlikely to be, determined
within the period of 6 months after the transfer day; or
(ii)
the President directs that the matter be transferred; or
(iii)
as at the transfer day, the matter is the subject of a
case that has been stated to a court.
(6) Subsection (5)(a)
or (b) does not apply in the case of —
(a) a
matter of a prescribed kind; or
(b) a
prescribed former adjudicator.
(7) If —
(a) any
matter is determined by the former adjudicator under subsection (4)(c); and
(b) the
determination would have been appealable had the law in force immediately
before the transfer day continued to apply,
an appeal against that
determination may be made and dealt with as if that law had continued to
apply.
(8) The law in force
before the transfer day continues to apply to enable a former adjudicator to
continue to deal with and determine a matter under subsection (4)(c) and to
enable an appeal to be made, or continued, and dealt with according to
subsection (4)(d) or (7) and implemented.
(9) In subsections
(4)(d), (7) and (8) —
appeal includes a review and a case stated to a
court.
(10) Anything ordered,
decided, or otherwise done by a former adjudicator under this section is to be
given effect and enforced as if it were ordered, decided, or done by the
Tribunal under the provisions authorising the Tribunal to order, decide, or do
corresponding things after the transfer day.
(11) A former
adjudicator is to cause the executive officer to be sent—
(a) a
record of anything referred to in subsection (10) that the former adjudicator
orders, decides, or otherwise does; and
(b) all
records or other things relating to a matter that —
(i)
the former adjudicator finishes dealing with under this
section; or
(ii)
is transferred under this section to the Tribunal,
and the law in force
before the transfer day continues to apply to enable this subsection to be
complied with.
(12) A former
adjudicator who has not completed dealing with any matter under this section
within the period of 6 months after the transfer day is required, within 7
days after that period expires, to give to the President a written report
about the matter, including details of why it has neither been completed nor
referred to the Tribunal.
(13) Where a matter is
transferred to the Tribunal under subsection (4)(b) or (5) —
(a) the
practice and procedure, and any hearing or other fees, applicable to the
matter when it was being dealt with by the former adjudicator continue to
apply to the matter when it is being dealt with by the Tribunal; and
(b) the
Tribunal has the powers that the former adjudicator had in dealing with the
matter,
if and to the extent
that the regulations or rules so provide.
(14) Provisions of the
regulations or rules that relate to payment, waiver or reduction of fees apply
to any fees that are applicable under subsection (13).
(15) When constituting
the Tribunal to deal with a matter transferred to the Tribunal under
subsection (4)(b) or (5), the President may, include a person who was, or was
a member of, the former adjudicator even though that person is not a Tribunal
member, and that person may act as a sitting member for that matter as if he
or she were a non-judicial member.
(16) The Minister may
determine the terms and conditions of service of a person who acts as a
sitting member under subsection (15).
(17) A reference in
this section to a thing done by a former adjudicator or the Tribunal includes
a reference to a thing done for or in relation to the former adjudicator or
the Tribunal.