New South Wales Consolidated Acts

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INDUSTRIAL RELATIONS ACT 1996 - SECT 194

Appeal from Industrial Registrar to Commission

194 Appeal from Industrial Registrar to Commission

(1) A person may appeal to the Commission against--
(a) a decision made by the Industrial Registrar in a matter (or any part of a matter) arising under this Act that directly affects the person, or
(b) a refusal by the Industrial Registrar to make such a decision.
However, an appeal does not lie if the decision or refusal relates to settling minutes of an award or other decision of the Commission.
(2) An appeal against a decision relating to the refusal of an application for registration or an objection to any such application may only be made by the applicant or a party to the hearing of the matter by the Industrial Registrar. The regulations and, subject to the regulations, the rules of the Commission may make provision with respect to the persons who may appeal under this section.
(3) If an appeal is instituted under this section, the Commission may, on such terms as it considers appropriate, order that the decision concerned be wholly or partly stayed pending determination of the appeal or until further order of the Commission.
(4) For the purposes of an appeal under this section, the Commission may, by leave, receive further evidence.
(5) On hearing an appeal under this section, the Commission may do any one or more of the following--
(a) confirm, quash or vary the decision concerned,
(b) make a decision dealing with the subject-matter of the decision concerned,
(c) direct the Industrial Registrar to take further action to deal with the subject-matter of the decision as directed by the Commission.



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