New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 355E

355E Special provisions applicable to industrial proceedings

(1) Each of the following provisions apply in relation to industrial proceedings as if references to the Commission were references to the Supreme Court--

(a) section 167 (Intervention by Minister, ADB and State peak council),

(b) section 169 (1)-(3) (Anti-discrimination matters),

(c) section 181A (Obligation to disclose costs to clients and Commission).

(2) Unless it determines that it is not appropriate to do so, the Supreme Court must take into account the public interest in the exercise of its functions in industrial proceedings and, for that purpose, must have regard to--

(a) the objects of this Act, and

(b) the state of the economy of New South Wales and the likely effect of its decisions on that economy.

(3) The Supreme Court may not award costs in proceedings for a contravention of a dispute order or in proceedings under Division 2 of Part 4 of Chapter 5 (which deals with rules of industrial organisations).

(4) The Supreme Court may, on the application of a party to industrial proceedings, grant leave for the party to be represented by an agent who is not an Australian legal practitioner if it considers it appropriate to do so.

(5) This section applies despite anything to the contrary in the Supreme Court Act 1970 or the Civil Procedure Act 2005 (or the statutory rules under either of those Acts).

(6) In this section--

"industrial proceedings" do not include--

(a) proceedings for an offence against any industrial legislation, or

(b) proceedings before the Court of Appeal for a judicial review of, or on an appeal against, a judgment, order, opinion, direction, determination or other decision of the Supreme Court in a Division in exercise (or purported exercise) of a function under any industrial legislation, or

(c) proceedings of a kind excluded by the regulations.