Long Service Leave Bill 2017
Ms HUTCHINS (Minister for Industrial Relations) — I rise to make a section 85(5) statement in relation to the Long Service Leave Bill 2017, which is proposed to replace the Long Service Leave Act 1992.
I wish to make statements under section 85(5) of the Constitution Act 1975 of the reasons why one provision in the bill alters or varies section 85 of that act.
Clause 25(1) of the bill states that it is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent bringing before the Supreme Court a proceeding or matter of a kind referred to in clause 25(1) of this bill.
Clause 25(1) of this bill establishes the jurisdiction of the industrial division of the Magistrates Court to hear certain matters, including applications for the recovery of moneys, disputes over the taking of leave, and prosecutions for alleged breaches of provisions of the legislation. A similar provision is included in the current Long Service Leave Act 1992 at section 168.
The reason for limiting the jurisdiction of the Supreme Court in this instance is to ensure that the industrial division of the Magistrates Court serves as the primary body for determining matters under the long service leave legislation.
The right of any party to appeal to the Supreme Court on a question of law from a final order of the industrial division of the Magistrates Court is enshrined at clause 25(3)(b) of the bill.