Industrial Registrar v Matters [2007] NSWIRComm 250

Industrial Registrar v Matters [2007] NSWIRComm 250

Section 398 of the Industrial Relations Act 1996 applies to contempt proceedings under s 180 because contempt of the Commission is a statutory offence. The alleged contempts were complete by 8 July 2004 at the latest, and the earlier notice of motion seeking a r 237 direction did not commence substantive prosecution proceedings for an offence. The charges were therefore statute barred by the time the order directing the Industrial Registrar to commence proceedings was made and entered on 2 September 2005, and the Court was obliged to dismiss the notice of motion once the limitation point was raised.

Jurisdiction
Australia
Judgment Date
12 October 2007
Procedural Posture
Application for Declarations/orders in Contempt Proceedings Pursuant to S 180 of the Industrial Relations Act 1996 / Full Bench Reasons for Order Dismissing Proceedings
Outcome
Proceedings dismissed as statute barred.
Legal Topics
['contempt of the Industrial Relations Commission' 'time Limit for Instituting Offence Proceedings' 'commencement of Contempt Proceedings' 'industrial Relations Act 1996 Ss 180 and 398' 'industrial Relations Commission Rules 1996 Rr 232 and 237']
['industrial Law' 'contempt' 'criminal Procedure' 'statutory Interpretation'] ['contempt of the Industrial Relations Commission' 'time Limit for Instituting Offence Proceedings' 'commencement of Contempt Proceedings' 'industrial Relations Act 1996 Ss 180 and 398' 'industrial Relations Commission Rules 1996 Rr 232 and 237']

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Procedural Posture

Application for Declarations/orders in Contempt Proceedings Pursuant to S 180 of the Industrial Relations Act 1996 / Full Bench Reasons for Order Dismissing Proceedings

Legal Issues

  1. 1 ['Whether proceedings for contempt under s 180 of the Industrial Relations Act 1996 were proceedings for an offence subject to the 12 month time limit in s 398.' 'Whether a notice of motion seeking a direction under r 237 of the Industrial Relations Commission Rules 1996 commenced substantive prosecution proceedings for an offence within the meaning of s 398.' 'Whether the alleged contempts were statute barred by the time Schmidt J made and entered the order directing the Industrial Registrar to commence contempt proceedings.' "Whether the Court was obliged to give effect to the limitation point once it came to the Court's attention."]

Ratio Decidendi

Section 398 of the Industrial Relations Act 1996 applies to contempt proceedings under s 180 because contempt of the Commission is a statutory offence. The alleged contempts were complete by 8 July 2004 at the latest, and the earlier notice of motion seeking a r 237 direction did not commence substantive prosecution proceedings for an offence. The charges were therefore statute barred by the time the order directing the Industrial Registrar to commence proceedings was made and entered on 2 September 2005, and the Court was obliged to dismiss the notice of motion once the limitation point was raised.

Court Disposition

Proceedings dismissed as statute barred.

Orders

  • ['On 23 July 2007 the proceedings were dismissed.' "The Industrial Registrar is directed to provide a copy of the reasons to the Attorney General and to the Minister for Industrial Relations drawing attention to the Court's observations."]