Industrial Relations Court of South Australia
Encyclopedia
The Industrial Relations Court of South Australia is a South Australia
n court empowered to adjudicate on rights and liabilities arising out of employment. It was originally established under the Industrial Arbitration Act 1912 and is continued in existence as a court of record
by the Fair Work Act 1994 (formerly called the Industrial and Employee Relations Act 1994). The same Act also establishes the Industrial Relations Commission of South Australia.
The Senior Judge and other Judges of the Court may be appointed by the Governor as Judges of the Industrial Relations Court, or may be appointed as Judges of the District Court of South Australia
and assigned by proclamation
to be Judges of the Industrial Relations Court. Judges of the Court hold office on the same terms as District Court Judges: they must retire at the age of 70 and can only be removed by an address by both houses of the South Australian Parliament
.
Industrial magistrates are Magistrates appointed under the Magistrates Act 1983 and assigned by proclamation to be industrial magistrates. Magistrates hold office to the age of 65.
The judges of the Court may also be appointed as the President or Deputy Presidents of the Industrial Relations Commission of South Australia. In practice each judge of the Court is usually appointed as a presidential member of the Commission.
and criminal
jurisdiction in respect of a wide range of disputes arising out of employment law. Its jurisdiction includes the interpretation of industrial awards and the determination of questions reserved by the Industrial Relations Commission and the validity of determinations by the Commission.
In most cases the Court is constituted by a single judge or industrial magistrate. Single judges also hear appeals
from the decisions of industrial magistrates. The Court sits as a Full Court (usually constituted by a bench of three judges) to hear appeals from the decisions of a single judge of the Court and to consider questions of law reserved.
An appeal is available from decisions of the Full Court of the Industrial Relations Court to the Supreme Court of South Australia
, with permission from the Supreme Court.
Helen Webster Parsons (Deputy President of the Industrial Relations Commission)
Brian Patrick Gilchrist (1 May 2000) (Deputy President of the Industrial Relations Commission)
Peter Dennis Hannon (23 August 2004) (President of the Industrial Relations Commission since 2006; Deputy President 2004-2006)
Leonie Jane Farrell (27 July 2005) (Deputy President of the Industrial Relations Commission)
Michael Ardlie (4 July 2002; Magistrate since 1 July 2002)
Stephen Mark Lieschke (17 October 2005)
South Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
n court empowered to adjudicate on rights and liabilities arising out of employment. It was originally established under the Industrial Arbitration Act 1912 and is continued in existence as a court of record
Court of record
In common law jurisdictions, a court of record is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a...
by the Fair Work Act 1994 (formerly called the Industrial and Employee Relations Act 1994). The same Act also establishes the Industrial Relations Commission of South Australia.
Judiciary and Appointment
The Court's judiciary consists of the Senior Judge, other Judges of the Court, and industrial magistrates. There are currently six judges and three industrial magistrates.The Senior Judge and other Judges of the Court may be appointed by the Governor as Judges of the Industrial Relations Court, or may be appointed as Judges of the District Court of South Australia
District Court of South Australia
The District Court of South Australia is South Australia's principal trial court. It was established as a court of record by the District Court Act 1991...
and assigned by proclamation
Proclamation
A proclamation is an official declaration.-England and Wales:In English law, a proclamation is a formal announcement , made under the great seal, of some matter which the King in Council or Queen in Council desires to make known to his or her subjects: e.g., the declaration of war, or state of...
to be Judges of the Industrial Relations Court. Judges of the Court hold office on the same terms as District Court Judges: they must retire at the age of 70 and can only be removed by an address by both houses of the South Australian Parliament
Parliament of South Australia
The Parliament of South Australia is the bicameral legislature of the Australian state of South Australia. It consists of the Legislative Council and the House of Assembly. It follows a Westminster system of parliamentary government....
.
Industrial magistrates are Magistrates appointed under the Magistrates Act 1983 and assigned by proclamation to be industrial magistrates. Magistrates hold office to the age of 65.
The judges of the Court may also be appointed as the President or Deputy Presidents of the Industrial Relations Commission of South Australia. In practice each judge of the Court is usually appointed as a presidential member of the Commission.
Jurisdiction of the Court
The Court has both civilCivil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
and criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
jurisdiction in respect of a wide range of disputes arising out of employment law. Its jurisdiction includes the interpretation of industrial awards and the determination of questions reserved by the Industrial Relations Commission and the validity of determinations by the Commission.
In most cases the Court is constituted by a single judge or industrial magistrate. Single judges also hear appeals
Appellate jurisdiction
Appellate jurisdiction is the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right...
from the decisions of industrial magistrates. The Court sits as a Full Court (usually constituted by a bench of three judges) to hear appeals from the decisions of a single judge of the Court and to consider questions of law reserved.
An appeal is available from decisions of the Full Court of the Industrial Relations Court to the Supreme Court of South Australia
Supreme Court of South Australia
The Supreme Court of South Australia is the superior court for the Australian State of South Australia. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. The Supreme Court is the highest South Australian court in the Australian court...
, with permission from the Supreme Court.
Senior Judge
William David Jennings (8 December 1994) (President of the Industrial Relations Commission 1994-2006; Deputy President 2006 - present)Judges
James Peter McCusker (January 1990) (Deputy President of the Industrial Relations Commission)Helen Webster Parsons (Deputy President of the Industrial Relations Commission)
Brian Patrick Gilchrist (1 May 2000) (Deputy President of the Industrial Relations Commission)
Peter Dennis Hannon (23 August 2004) (President of the Industrial Relations Commission since 2006; Deputy President 2004-2006)
Leonie Jane Farrell (27 July 2005) (Deputy President of the Industrial Relations Commission)
Industrial Magistrates
Richard Evan HardyMichael Ardlie (4 July 2002; Magistrate since 1 July 2002)
Stephen Mark Lieschke (17 October 2005)
External links
- http://www.industrialrelationscourts.sa.gov.au/
- Industrial Relations Court of South Australia Judgments