Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this section
decision includes a penalty, order, order of dismissal, and any other
determination of an industrial magistrate’s court, but does not include
a decision made by such a court in the exercise of the jurisdiction conferred
on it by section 96J.
(2) Subject to this
section, an appeal lies to the Full Bench in the manner prescribed from any
decision of an industrial magistrate’s court.
(3) An appeal under
this section shall be instituted within 21 days from the date of the
decision against which the appeal is brought and may be instituted by any
party to the proceedings wherein the decision was made.
(4) On the hearing of
the appeal the Full Bench —
(a) may
confirm, reverse, vary, amend, rescind, set aside, or quash the decision the
subject of the appeal;
(b) may
remit the matter to the industrial magistrate’s court or to another
industrial magistrate’s court for further hearing and determination
according to law; and
(c)
subject to subsection (5), may make such order as to costs as the Full
Bench considers appropriate.
(5) In proceedings
under this section costs shall not be given to any party to the proceedings
for the services of any legal practitioner, or agent of that party unless, in
the opinion of the Full Bench, the proceedings have been frivolously or
vexatiously instituted or defended, as the case requires, by the other party.
[Section 84 amended by No. 94 of 1984
s. 66; No. 44 of 1991 s. 8; No. 15 of 1993 s. 26;
No. 20 of 2002 s. 113(4).]