Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) A person aggrieved
by —
(a) a
determination of the Registrar under regulation 15(3) that there are, or
are not, reasonable grounds for a complaint under regulation 12(2); or
(b) the
Registrar’s determination to cancel the person’s registration,
may appeal to an
industrial magistrate.
(2) An appeal is to be
commenced by notice in the approved form lodged within 21 days after
receiving notice of the determination.
(3) The industrial
magistrate may determine an appeal on the material that was before the
Registrar or on such additional or fresh evidence, either oral or by
affidavit, as the industrial magistrate may allow.
(4) On an appeal the
industrial magistrate may confirm or reverse the determination of the
Registrar.
(5) If the industrial
magistrate finds that there are reasonable grounds for a complaint under
regulation 12(2), the industrial magistrate may —
(a)
remit the matter to the Registrar for conciliation with or without directions;
or
(b) if
the parties agree, deal with the matter as if it were a matter initiated
before the industrial magistrate under regulation 17.
(6) If the matter is
remitted to the Registrar for conciliation the period of 28 days referred
to in regulation 16(3) is taken to commence on the day on which the
matter is remitted.
(7) If an appeal is
not upheld, the industrial magistrate may order the party who commenced the
appeal to pay all or parts of the costs of the other parties to the appeal.
(8) Costs ordered to
be paid under this regulation are recoverable in a court of competent
jurisdiction as a debt payable by the person ordered to pay the costs.