12Appeal to Industrial Court

12 Appeal to Industrial Court

12 Appeal to Industrial Court

(1) A person to whom a compliance notice is issued may appeal against the notice to the Industrial Court of New South Wales.

(2) An appeal to the Industrial Court under this section does not operate to stay the notice the subject of the appeal except as otherwise ordered by the Court.

(3) The Industrial Court may, on the appeal, confirm the notice, vary it or revoke it.

(4) If the Industrial Court confirms a compliance notice, the Court may also in the same proceedings determine any application made under section 15 for a civil penalty in respect of the contravention of section 4 to which the notice relates.

(5) Regulations may be made for or with respect to appeals under this section, including the time and manner in which such an appeal is to be made.

(6) Without limiting subsection (5), the regulations may apply (whether with or without modification) provisions of the Industrial Relations Act 1996 and the regulations under that Act for or with respect to appeals under this section.

s 12: Am 2016 No 48, Sch 2.21 [2] [3]; 2023 No 41, Sch 2.20[2]–[4].