Tuesday, 7 May 2013
Industrial Court raises questions
The Government’s decision to establish an Industrial Relations Court raises many questions.
This proposal does not add further resources, but designates a magistrate to specialise in that area and undertake the bulk of that kind of work, much as with the Children’s Court Magistrate.
The Society applauds any proposal to improve work safety in the Territory and values any further expertise that an Industrial Magistrate and Court will bring.
Unfortunately, the proposal does not increase resources, and in fact loads up the Industrial Magistrate with matters that are currently dealt with in the civil jurisdiction of the Magistrates Court and the Supreme Court.
It is difficult to understand the extent of the jurisdiction proposed and whether or not it is workable as it purports to include common law work related compensation claims for damages with unlimited jurisdiction.
If the proposal is what it appears, the end result would be radically different to other jurisdictions with industrial courts with jurisdictions limited to workplace health and safety matters, not to hearing and assessing common law damages claims.
The draft Bill does not explain how one magistrate can deal with prosecutions, claims under the Workers Compensation Act, and also any claims for damages for negligence in the workplace.
What is to happen when a claim for damages involves the employer as well as third parties such as contractors or occupier? Would the Industrial Magistrate still have jurisdiction?
Further, there is no basis for any claim (no matter the size) arising from a work injury being dealt with by the court which only has jurisdiction up to $250,000 in all other personal injury claims.
As a work safety issue cannot be heard at the same time and in the same trial as a claim for compensation, there are no savings in dealing with them in the same court. Both matters should not be heard by the same person.
The Society has not been consulted to date on this draft and is concerned that the consultation process is to finish on 26 May 2013, just 19 days away.
The Society is willing to assist, but is concerned that the issue requires more time than that provided.