Appealing to the Full Bench of the Industrial Court

Who can lodge an appeal? 

A decision can be appealed by:

1. a party to a matter in which the decision was made regarding a public sector promotional and disciplinary matter, or a decision made by the NSW Local Court; or
2. a person convicted of a criminal offence, including an offence under the Work Heath Safety Act 2011 (NSW).

How do I appeal a decision?

The appeal process is started with an ‘Application for Leave to Appeal and Appeal’ (Form 28) (application).

All applications must be filed in accordance with the Practice Notes issued by the Commission.

• See Practice Note 32 for further details

The only exceptions are the Minister of Industrial Relations and a party to a decision made by the Local Court of NSW, who do not require leave and should complete the ‘Appeal when Leave not Required (Form 29)’.

Email filing is no longer accepted for forms which can be filed using the Online Registry unless there are technical difficulties preventing such filing. If this is the case then a party can file the document by email with a cover note stating that the Online Registry did not allow the filing of the document.

Who will consider the application? 

An application for leave (permission) to appeal will be considered by a Full Bench of the Industrial Court(Full Court).  The President of the Commission will select three judicial members for the Full Court, which will not include the Member who made the decision being challenged.

When will an appeal be granted?

The Full Court can deal with any application for leave to appeal separately to the appeal itself.  If leave is granted, the Full Court will consider the merits of the appeal. However, the Full Court can also decide to deal with the application for leave and the merits of the appeal at the same time.

What can the Full Court do?

The Full Court can confirm or vacate the decision.  It can also make another determination on the evidence heard in the appeal, order a new trial, and alter or impose a new sentence.

Is there a time limit to appeal? 

Notice of an intention to appeal against a criminal conviction or sentence must be given to the Full Court within 28 days from the date the conviction or sentence was handed down. The Court may, at any time, extend the notice period or, if the rules permit, dispense with the requirement for such a notice.

Can the Full Court decision be appealed? 

There is no right of appeal from a decision of a Full Court in respect of civil matters, pursuant to s 179 of the Industrial Relations Act 1996 (NSW), except for a remedy of prerogative relief from the NSW Court of Appeal.  A person convicted of an offence can appeal a Full Court decision to the Court of Criminal Appeal.