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Industrial Regulation in NSW : The Difficult Dichotomy of Judicial and Arbitral Power

Industrial Regulation in NSW : The Difficult Dichotomy of Judicial and Arbitral Power

Advice on legislation or legal policy issues contained in this paper is provided for use in parliamentary debate and for related parliamentary purposes. This paper is not professional legal opinion.
Briefing Paper No. 25/1995 by Vicki Mullen
EXECUTIVE SUMMARY

This Briefing Paper considers the difficult distinction between judicial and arbitral power in light of proposals to integrate the Industrial Court and the Industrial Relations Commission into one body in NSW. The case for and against the exercise by one body of both judicial and arbitral power in an industrial relations context is considered. The main findings are included.

The Parliament of New South Wales acknowledges and respects the traditional lands of all Aboriginal people, and pays respects to all Elders past and present. We acknowledge the Gadigal people as the traditional custodians of the land on which the Parliament of New South Wales stands.