Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsection (3), where an application is made to an industrial
magistrate’s court under section 77, the matter to which the
application relates (whether as shown in the application or as emerging in the
course of the determination of the application) is not justiciable by another
court in civil proceedings unless —
(a) that
matter was before that other court at the time when the application was made
to the industrial magistrate’s court; or
(b) the
application to the industrial magistrate’s court is withdrawn or not
pursued.
(2) Where a matter
that an industrial magistrate’s court has jurisdiction to determine
under section 77 is before another court in civil proceedings, that other
court may order that the matter be transferred to and determined by the
industrial magistrate’s court.
(3) Where a matter
that a court has jurisdiction to determine in civil proceedings is before an
industrial magistrate’s court, the industrial magistrate’s court
may order that the matter be transferred to and determined by that other
court.
(4) In making an order
for compensation, restitution or forfeiture under section 77(2)(c) or (d)
an industrial magistrate’s court is to have regard to any amount that
the respondent has been ordered to pay in civil proceedings relating to the
same matter in another court.
(5) If criminal
proceedings are instituted under any other enactment in respect of conduct
that also constitutes a contravention of or failure to comply with
section 74 —
(a) an
industrial magistrate’s court is not to impose a penalty under
section 77(2)(b) in proceedings under section 77 in respect of the
matter; but
(b) the
outcome of the criminal proceedings is not to be taken into consideration in
the determination of proceedings under section 77 in respect of the
matter.
[Section 79 inserted by No. 3 of 1997
s. 7.]