On Wednesday 13th September 2023, I found myself in the Supreme Court of Western Australia appealing yet another decision made in the Albany Magistrates Court by Magistrate Dianne Scaddan. The essence of my Supreme Court appeal was that the forementioned Magistrate disregarded a medical certificate and an application for a video link in favour of a summary conviction in my absence. I was denied my right to a plea and a hearing. Justice Howard granted my appeal and awarded costs in my favour.
The irony is that Magistrate Dianne Scaddan was a former Industrial Magistrate with the Industrial Magistrates Court and in my case she disregarded a medical certificate ignoring a video link option putting me at risk. Her actions breached a myriad of corporate occupational health and safety legislation including but not limited to the Privacy Act 1988 and fair work Act 2009 (cwth).
Industrial Magistrates Court
The Industrial Magistrates Court of Western Australia is established pursuant to section 81 of the Industrial Relations Act 1979 (WA) and can deal with breaches of legislated minimum entitlements and industrial instruments (such as awards, industrial or enterprise agreements, and orders).
Claims can be made pursuant to:
Industrial Relations Act 1979 (WA) including breaches of:
employee protection provisions set out in Part 6B, such as damaging action
the Minimum Conditions of Employment Act 1993 (WA)
the criminal prosecution jurisdiction
Long Service Leave Act 1958 (WA)
Fair Work Act 2009 (Cth), including small claims under section 548
Orders of the Western Australian Industrial Relations Commission
In addition to its power under the Industrial Relations Act 1979 (WA), the Court can hear certain matters pursuant to the Construction Industry Portable Paid Long Service Leave Act 1985 (WA) and the Children and Community Services Act 2004 (WA).
https://www.imc.wa.gov.au/
Appointment and Location of Magistrates as of January 2023
| 1 | HEATH, Steven Alex Chief Magistrate | Central Law Courts |
| 2 | WOODS, Elizabeth Adele (Libby) Deputy Chief Magistrate | Law Courts |
| 3 | MALLEY, Steven Ross | Rockingham |
| 4 | ROBERTS, Colin Douglas | Joondalup |
| 5 | EDWARDS, Vivian | Armadale |
| 6 | CAMPIONE Elaine Duncan | Central Law Courts |
| 7 | CRAWFORD Catherine Patricia |
Central Law Courts Children’s Court |
| 8 | POTTER Deen | Broome |
| 9 | MIGNACCA-RANDAZZO Joe(Giuseppe) | Central Law Courts |
| 10 | BENN Gregory Andrew | Midland |
| 11 | YOUNG Robert David | Central Law Courts |
| 12 | WATT Tanya Rochelle | Central Law Courts |
| 13 | ZEMPILAS Felicity Kate | Joondalup |
| 14 | TAVENER Kevin Michael | Central Law Courts |
| 15 | HAWKINS Jennifer Amanda | Central Law Courts |
| 16 | WEBB Donna Margaret | Northam |
| 17 | HALL Thomas Russell | Central Law Courts |
| 18 | ATKINS Leanne Judith | Mandurah |
| 19 | MAUGHAN Andrew John | Central Law Courts |
| 20 | SCADDAN Dianne Patricia | Albany |
| 21 | HUSTON Richard Simon | Central Law Courts |
| 22 | SCUTT Janelle | Central Law Courts |
| 23 | LEMMON Nicholas John | Fremantle |
| 24 | RIDLEY Michelle | Kununurra |
| 25 | MAHON Brian Patrick | Armadale |
| 26 | MILLINGTON Mark James | Midland |
| 27 | SHACKLETON Evan | Joondalup |
| 28 | DE MAIO Sandra Marie | Central Law Courts |
| 29 | LONGDEN Anne Christine | Rockingham |
| 30 | JOHNSTON Raelene Natasha | Central Law Courts |
| 31 | HILLS-WRIGHT Adam | Fremantle |
| 32 | WALTON Matthew John | Central Law Courts |
| 33 | COLEMAN Belinda Leanne | Central Law Courts |
| 34 | AYLING Brionie Annmarie | Central Law Courts |
| 35 | DARGE Trevor Gordon | Central Law Courts – Civil |
| 36 | WARD Lisa Francine | Central Law Courts – Civil |
| 37 | CRAWFORD Martin Stanley | Central Law Courts – Civil |
| 38 | DIAS Lynette Juliana | Perth |
| 39 | KEANE Linda Jayne | Rockingham |
| 40 | O’DONNELL Erin Louise | Perth |
| 41 | CLEARY Genevieve Marie | Perth |
| 42 | TYERS Benjamin Charles | Bunbury |
| 43 | ANDRETICH Joanne | Bunbury |
| 44 | MATTHEWS Andrew Edward | Central Law Courts |
| 45 | MacLEAN Gavin Stuart | Central Law Courts |
| 46 | WHITE Benjamin Michael | Port Hedland |
| 47 | HARRIES Michelle Susan | Bunbury |
| 48 | HOLGATE Matthew Alexander | Kalgoorlie |
| 49 | OLIVER Sarah Jane | Central Law Courts |
| 50 | STOCKDALE Cillian Yultun | Karratha |
| 51 | HOCKTON David James Angus | Geraldton |
| 52 | McPHEE Thomas William | Central Law Courts |
| 53 | WATSON Heidi Karen | Carnarvon |
| 54 | OWEN-CONWAY Natasha | Central Law Courts – Civil |
| 55 | GIBBS Janie Lee Sandra | Kalgoorlie |
| 56 | SULLIVAN Anthony Doug | Central Law Courts |
| 57 | THOMPSON Kelly Marie | Central Law Courts |
www.wa.gov.au/organisation/law-almanac/state-courts
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