IRCA annual report 1997

Industrial Relations Court of Australia

This version omits Appendix B - the financial statements of the Court. Copies of the financial statements may be obtained by contacting the Court Registrar.

Annual Report 1997-98

The hard copy version is published as

National Library of Australia

Cataloguing-in publication data:

Industrial Relations Court of Australia

Annual Report 1997-98

ISBN 0-642-70416-3

Introduction by the Chief Justice

On May 1997 the jurisdiction of the Industrial Relations Court of Australia (except in relation to part heard cases) was transferred to the Federal Court of Australia, along with the CourtÕs assets and remaining staff. The Court, however, remains in existence and its annual reporting obligations continue whilst it has proceedings awaiting disposal.

Murray Wilcox

Chief Justice

THE JUDGES

During 1997-98 there were no changes in the judges constituting the Court. They are:

The Honourable Chief Justice Murray Rutledge Wilcox	Period in office 30/3/94 Ð
The Honourable Justice Jeffrey Ernest John Spender	Period in office 30/3/94 Ð
The Honourable Justice Peter Ross Awdry Gray	Period in office 30/3/94 Ð
The Honourable Justice Donnell Michael Ryan	Period in office 30/3/94 Ð
The Honourable Justice Malcolm Cameron Lee	Period in office 30/3/94 Ð
The Honourable Justice John William von Doussa	Period in office 30/3/94 Ð
The Honourable Justice Michael Francis Moore	Period in office 30/3/94 Ð
The Honourable Justice Shane Raymond Marshall	Period in office 17/7/95 Ð
The Honourable Justice Anthony Max North	Period in office 19/9/95 Ð
The Honourable Justice Rodney Neville Madgwick	Period in office 20/9/95 Ð

JUDICIAL REGISTRARS

At 1 July 1997, 16 persons held office as Judicial Registrars; eight full-time and eight part-time. During the year three Judicial Registrars resigned. In alphabetical order, the Judicial Registrars who held office during the year were:

Jenny May Blokland	Period in office 20/12/94 - 29/9/97 (resigned) 5 years part-time
Maria Helena Boon	Period in office 20/12/94 -5 years part-time
William McLean Boulton	Period in office 26/7/94 - 5 years part-time
Leonie Jane Farrell	Period in office 10/10/94 - 5 years part-time
Richard Damian Farrell	Period in office 3/10/95 - 3 years full-time
Irene Maria Linkenbagh	Period in office 26/7/94 Ð 30/9/97 (resigned) 5 years part-time
Joan Marie Locke	Period in office 19/10/95 - 3 years part-time
Garry David McIlwaine	Period in office - 19/10/95 3 years full time
Frances Millane	Period in office 19/10/95 - 3 years full-time
Michael Damian Murphy	Period in office 19/10/95 - 3 years full-time
Kim Michelle Parkinson	Period in office 27/7/94 - 5 years full-time
David Hugh Patch	Period in office 19/10/95 - 30/9/97 (resigned) 3 years part-time
Mark Timothy Ritter	Period in office 3/10/95 - 3 years part-time
James Anthony Ryan	Period in office 26/7/94 - 5 years full-time
Elizabeth Joan Tomlinson	Period in office 22/8/94 - 5 years full-time
Robert Allen Walker	Period in office 15/8/94 - 5 years full-time

REGISTRY SUPPORT

As from 25 May 1997 the Court has not had its own Registry. All Registry services have been supplied by the Federal Court of Australia, to whose Chief Justice and personnel the Court extends its appreciation.

Matters finalised in 1997-98

State or Territory	Pending 1 July 1997	Finalised in 1997/98	Pending 30 June 1998

ACT	33	20	13
NSW	149	110	39
NT	12	9	3
QLD	11	6	5
SA	32	30	2
TAS	14	5	9
VIC	74	55	19
WA	25	18	7
Totals	350	253	97

FREEDOM OF INFORMATION

Functional Statement in accordance with section 8 of the Freedom of Information Act

The Industrial Relations Court of Australia was established by the Industrial Relations Reform Act 1993. The Court became operational on 30 March 1994.

The Reform Act repealed Part 111 of the Industrial Relations Act 1988, and moved the industrial relations jurisdiction from the Federal Court. The Reform Act added a new Part XIV to the Industrial Relations Act and dealt with the constitution, management and jurisdiction of the new Court.

The Court was conferred with original and appellant jurisdiction. It is a superior court of record and a court of law and equity with status equal to that of the Federal Court and Family Court.

The Workplace Relations and Other Legislation Amendment Act 1996 made substantial changes affecting the Court which took effect on 25 May 1997. Specifically it

Repealed Divisions 1,2, 3, 4, 5, 7, 9 and 10 of Part XIV and amended Divisions 5 and 8 of that Part which concerned the establishment, management and jurisdiction of the Court.
Redefined "Court" to refer to the Federal Court instead of the Industrial Relations Court.
Trasferred most of the CourtÕs pending matters to the Federal Court other than those where a substantive hearing had started.
Preserved the appointments of the CourtÕs judges and judicial registrars and conferred on those judicial registrars additional appointments as judicial registrars of the Federal Court. All of the CourtÕs judges were already active members of the Federal Court.

The Court remains in existence until a day to be fixed by Proclamation after which no person holds office as a judge of the Industrial Relations Court of Australia.

Additional information about the Court

In line with attachment 3 of the Requirements for Departmental Annual Reports of March 1994 (updated March 1997) the following information is available on request by contacting the Court directly.

Portfolio legislation and statutory authorities: Not applicable.
Non-statutory bodies: Not applicable.
Government companies: Not applicable.
Social justice and equity: The CourtÕs activities have been limited to finalising court hearings.
Staffing matters and performance pay, Equal employment opportunity, Training, Interchange programs: The Court employed no staff in the year under review.
Financial matters: See the annexed financial statements
Consultancy services: Not applicable.
Property usage: No property was held by the Court in the year under review.
Reports from the Auditor-General: No reports received.
Inquiries by Parliamentary Committees: Not applicable.
Comments by the Ombudsman: None received.
Decisions of Courts and Tribunals: Nothing significant to report.
Privacy: No reports received.
Business Regulations: Not applicable.
Environmental matters: Not applicable.

Categories of documents available

The Industrial Relations Court of Australia holds a range of documents that are now under the control of officers of the Federal Court of Australia.

The CourtÕs rules govern access to certain documents held by the Court in relation to actions filed. Order 15 of the rules relate to discovery and inspection of documents. Rule 17 of Order 15 refers to withholding of any document in the public interest. Rule 18 of Order 15 refers to documents which become part of the public record. Also, transcripts of Court proceedings are available at a cost from Auscript.

Documents held by the Court:

Case files comprising all documents filed (formal applications, subpoenas, affidavits, copies of orders)
A computerised recording system in each Federal Court registry recording all proceedings of the Industrial Relations Court commenced and completed in that registry.
Statistical information gathered by court personnel about claims filed.
Documents concerning financial aspects of the operations of the Court and registries.
Documents concerning administrative procedure of the Court.
Documents concerning policy of the Court.
Documents recording matters listed for directions, hearings and mediations for a given date.

Freedom of information and contact officer

Inquiries about matters determined by the Court or pending before it may be referred to the relevant District Registrar of the Federal Court of Australia. Details of those registries are in appendix A and are also available via the Federal CourtÕs Internet home page at: www.austlii.edu.au/au/other/fca/

Inquiries about this annual report is available by contacting:

Registrar

Industrial Relations Court of Australia

c/- Federal Court of Australia

Law Courts Building

Queens Square

Sydney NSW 2000

Telephone: 02 9230 8111

Facsimile: 02 9230 8889

e-mail: refer to the e-mail facility on the CourtÕs Internet home page.

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APPENDIX A Ð Directory of Federal Court District Registries

NSW District Registry.......

Level 16 Law Courts Building
Queens Square
Sydney NSW 2000

Fax: (02) 9230 8535
Hours: 9am - 4pm

Contact:
District Registrar (02) 9230 8544
Email: nswdr@fedcourt.gov.au

Queensland District Registry.......

119 North Quay
Brisbane QLD 4000

Fax: (07) 3248 1260
Hours: 9am - 4pm

Contact:
District Registrar (07) 3248 1200
Email: qldreg@fedcourt.gov.au

ACT District Registry.......

Childers Street
Canberra ACT 2601

Fax: (02) 6267 0625
Hours: 10am - 1pm, 2pm - 4pm

Contact:
District Registrar (02) 9230 8544
Email: actman@fedcourt.gov.au

Victoria District Registry.......

450 Little Bourke Street
Melbourne VIC 3000

Fax: (03) 9670 4965
Hours: 9am - 4pm

Contact:
District Registrar (03) 9289 9316
Email: vicreg@fedcourt.gov.au

South Australia District Registry.......

8th Floor Grenfell Centre
25 Grenfell Street
Adelaide SA 5000

Fax: (08) 8205 4439
Hours: 9am - 4pm

Contact:
District Registrar (08) 8205 4440
Email: salib@fedcourt.gov.au

Tasmania District Registry.......

Commonwealth Law Courts Building 39-41 Davey Street
Hobart TAS 7000

Fax: (03) 6232 1701
Hours: 9.30am - 1pm, 2pm - 4pm

Contact:
District Registrar (03) 6232 1714

Western Australia District Registry.......

Level 6 Commonwealth Law Courts
1 Victoria Avenue
Perth WA 6000

Fax: (08) 9221 3261
Hours: 8.30am - 4pm

Contact:
District Registrar (08) 9268 7124
Email: walib@fedcourt.gov.au

Northern Territory District Registry.......

Commonwealth Law Courts
Cnr Mitchell & Herbert Streets
Darwin NT 0801

Fax: (08) 8981 6081
Hours: 9.30am - 4pm

Contact:
District Registrar (08) 8941 2333

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