291QJurisdiction of Industrial Court

291Q Jurisdiction of Industrial Court (1) The Industrial Court has jurisdiction to hear and decide the following (an industrial or work safety matter): (a) a proceeding under the following Acts: (i) the Dangerous Substances Act 2004; (ii) the Machinery Act 1949; (iii) the Scaffolding and Lifts Act 1912; (iv) the Workers Compensation Act 1951; (v) the Work Health and Safety Act 2011; (vi) the Workplace Privacy Act 2011; (b) a proceeding that an Act states must be heard and decided by the Industrial Court; The Industrial Court Part 4D.2 (c) a personal action at law arising from substantially the same facts that form the basis of a proceeding mentioned in paragraph (a) or (b) before the court. made or in force under the Act, including any regulation (see Legislation Act, s 104). (2) The Industrial Court may exercise the jurisdiction of the Magistrates Court in relation to the following: (a) any criminal proceeding in relation to an industrial or work safety offence that is a summary offence against a person who is— (i) a corporation; or (ii) an individual, but only if the individual was an adult at the time of the alleged offence; (b) any criminal proceeding in relation to an industrial or work safety offence that is an indictable offence against a person who is— (i) a corporation; or (ii) an individual, but only if the individual was an adult at the time of the alleged offence; (c) a proceeding in relation to bail for an adult charged with an industrial or work safety offence; (d) a proceeding in relation to a breach of a sentence imposed by the Magistrates Court for an industrial or work safety offence. (3) Subsection (2) (b) is subject to the Crimes Act 1900— (b) section 375 (Summary disposal of certain cases—Magistrates (4) Subsection (2) (c) is subject to the Bail Act 1992. (5) The Industrial Court may exercise the jurisdiction of the Magistrates Court in relation to— (a) an industrial or work safety matter; and (b) a fair work claim; and (c) a combined fair work matter. (6) This section applies— (a) for a civil proceeding—to an industrial or work safety matter commenced after the commencement of the Magistrates Court (Industrial Proceedings) Amendment Act 2013; and (b) for a criminal proceeding—to a prosecution for an industrial or work safety offence commenced after the commencement of the Magistrates Court (Industrial Proceedings) Amendment Act 2013. (7) In this section: proceeding, under an Act mentioned in subsection (1) (a)— (a) includes arbitration; but (b) does not include a matter that may be brought before the ACAT under the Act.