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The Chief Industrial Magistrate's Court is the general name given to the Local Court of New South Wales when hearing industrial cases. Local Courts are the lowest courts in the court hierarchy in New South Wales, a State of Australia, and deal with the majority of civil and criminal disputes in the State. The role of Industrial magistrate allows certain magistrates to deal exclusively with and specialise in certain types of industrial matters in New South Wales. Magistrates have been a part of the New South Wales industrial system since the early days of the British colony established in 1788. The first officially appointed Chief Industrial Magistrate was appointed in 1912. Chief Industrial Magistrates have continued to be appointed since that year, and currently, the industrial work of the court is carried out principally by that magistrate, although other magistrates are appointed as Industrial Magistrates on a needs basis. ==History== The role of the justice of the peace regulating the master and servant relation has been a long-standing one in the English common law tradition. This role was carried over into the administration of justice from the early days of the penal settlement established by the British in Port Jackson (now Sydney) in the colony of New South Wales. Employment in the 1900s was regulated using the common law concepts of contract. These concepts provided that an employer and employee were free to bargain as to the nature and the terms of employment. Where either party breached the contract, there was recourse to the law in the normal courts of the land. In certain situations, it was possible under various “Master and Servant Acts” for employees or employers who broke employment contracts to be prosecuted for a breach of the criminal law. More commonly, this was directed at employees, particularly as wealthier employers would also be the local justice of the peace for the locality. Dr Geoffrey Partington outlines an example in 1858 where German masons who were brought to Australia to work on the Victorian railways. The employees broke their contracts after being persuaded to work for another employer. This was due to a shortage in the supply of experienced masons in Australia. The masons were imprisoned as a result of their breach of contract. The growing maturity of the New South Wales colony led to the employment of permanent paid magistrates. These magistrates were first employed in Sydney Town. However, they gradually replaced all local justices of the peace. Magistrates would in time come to be appointed specially to either being a stipendiary magistrate, children's magistrate, or an industrial magistrate. Industrial magistrates appear to have been first used in New South Wales around 1912. Their authority came from the then Industrial Relations Act 1912 (NSW). A Chief Industrial Magistrate was also appointed, although there was no statutory basis for doing so. The first statutorily appointed one was not until 1986.〔Halsbury's Laws of Australia (paragraph IRA 381.10 )〕 Up until 1991, all magistrates were also gazetted as industrial magistrates. The process of gazetting is simply to give a magistrate a dual role or appointment. From 1991, magistrates were automatically appointed as an industrial magistrate under the Industrial Relations Act 1991. In practice, however, all work of an industrial nature was performed by the Chief Industrial Magistrate. In 1996, a new Industrial Act was passed. Under this law, magistrates are now only appointed on a needs basis to assist the Chief Industrial Magistrate in his or her duties.〔Halsbury's Laws of Australia (paragraph IRA 381.10 )〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Chief Industrial Magistrate's Court」の詳細全文を読む スポンサード リンク
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