197Appeals from Local Court

#### 197 Appeals from Local Court 197 Appeals from Local Court > > (1) An appeal lies to the Commission in Court Session against— > > > > > (a) any order made under this Act by the Local Court for the payment of money or the dismissal by the Local Court of an application for such an order (including a dismissal on the ground that it does not have jurisdiction to deal with the application), or > > > > > (b) any conviction or penalty imposed by the Local Court for an offence against this Act or the regulations, or > > > > > (c) a civil penalty imposed under this Act by the Local Court for a contravention of an industrial instrument or the dismissal by the Local Court of proceedings for such a civil penalty, or > > > > > (d) a civil penalty imposed under Division 7 of Part 13 of the [Work Health and Safety Act 2011](/view/html/inforce/current/act-2011-010) by the Local Court for a contravention of a WHS civil penalty provision or the dismissal by the Local Court of proceedings for such a civil penalty. > > > (2) The following apply, subject to the regulations under this Act, to an appeal referred to in subsection (1)— > > > > > (a) the provisions of the [Crimes (Appeal and Review) Act 2001](/view/html/inforce/current/act-2001-120), Parts 3 and 6 that relate to the following— > > > > > > > (i) an appeal from the Local Court to the District Court, > > > > > > > (ii) a decision of the District Court on the appeal, > > > > > > > (iii) the carrying out or enforcement of the decision, > > > > > (b) the provisions of the [Crimes (Appeal and Review) Act 2001](/view/html/inforce/current/act-2001-120) as applied by the [Local Court Act 2007](/view/html/inforce/current/act-2007-093), section 70. > > > (3) (Repealed) > > > (4) The Commission in Court Session may refer a matter the subject of an appeal back to the Local Court with such directions or recommendations as it considers appropriate. > > > (5) Section 179— > > > > > (a) applies to a decision or purported decision of the Local Court in proceedings to which this section applies in the same way as it applies to a decision or purported decision of the Commission, and > > > > > (b) without limiting that section, applies to a decision or purported decision of the Commission in relation to proceedings to which this section applies. > > Note. > > The provisions of this section are extended to similar proceedings under other industrial relations legislation eg section 14 of the [Annual Holidays Act 1944](/view/html/inforce/current/act-1944-031); section 14 of the [Long Service Leave Act 1955](/view/html/inforce/current/act-1955-038). > > **s 197:** Am 1998 No 137, Sch 2.11; 2000 No 67, Sch 1 \[25\] \[26\]; 2001 No 121, Sch 2.126 \[2\]; 2007 No 94, Schs 1.51 \[1\], 2; 2011 No 67, Sch 4.14 \[3\]; 2013 No 85, Sch 1 \[23\] \[24\]; 2015 No 15, Sch 2.25 \[1\]; 2016 No 48, Sch 1 \[63\] \[64\]; 2023 No 41, Sch 1.2\[55\]–\[57\]; 2025 No 8, Sch 1.5\[2\]–\[4\].