Industrial Relations Act 1996
153Jurisdiction of Commission in Court Session
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153 Jurisdiction of Commission in Court Session
153 Jurisdiction of Commission in Court Session
(1) The following functions of the Commission must be exercised only by the Commission in Court Session—
(a) proceedings for an offence taken before the Commission, including proceedings for contempt,
(b) proceedings for declarations of right under section 154,
(c) proceedings under Chapter 2, Part 9,
(d) proceedings under section 139,
(e) proceedings under Chapter 5, Parts 3, 4 and 5, other than Part 4, Division 3,
(f) proceedings under Chapter 7, Part 1,
(g) proceedings for the recovery of money under Chapter 7, Part 2, other than small claims under section 380,
(g1) proceedings under Chapter 7, Part 6, Division 2,
(h) proceedings on a superannuation appeal under the Superannuation Administration Act 1996, section 88,
(i) proceedings on an appeal from a member of the Commission exercising the functions of the Commission in Court Session,
(j) proceedings on an appeal or case stated from an Industrial Local Court Judge or another court,
(k) proceedings under section 197B,
(l) other proceedings that are, by this Act or another Act, required to be taken before the Commission in Court Session.
(2) The functions referred to in subsection (1)(i), and functions relating to proceedings for the cancellation of the registration of industrial organisations, may be exercised only by a Full Bench of the Commission in Court Session.
(3) Subject to subsection (4), the functions of the Commission relating to proceedings for contempt of the Commission may be exercised only by a Full Bench of the Commission in Court Session.
(4) The functions of the Commission relating to the commencement of proceedings for contempt of the Commission may also be exercised by a judicial member.
s 153: Am 1996 No 39, Sch 4.4; 2003 No 71, Sch 4 [1] [2]; 2010 No 54, Sch 1 [2]; 2013 No 85, Sch 1 [3]–[6]. Rep 2016 No 48, Sch 1 [16]. Ins 2023 No 41, Sch 1.2[15]. Am 2025 No 42, Sch 1[11] [12]; 2025 No 61, Sch 2.52[1].