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AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 29
DISPUTE PREVENTION AND SETTLEMENT 29. Notice to bring action in tort
(1) A written notice under subsection 166A (3) of the Act to a member of the
Commission, or a Registrar, about an intention to bring an action in tort must
be:
(a) in accordance with Form R11; and
(b) accompanied by a statement, by a person having knowledge of the facts,
asserting service under subrule (2).
(2) Before giving the written notice to a member of the Commission or a
Registrar, the notifier must, in accordance with paragraph 72 (2) (a), (b) or
(c), serve a copy of the notice on each organisation of employees mentioned in
that notice.
(3) As soon as practicable after receipt of the written notice:
(a) the member of the Commission, or the Registrar, to whom the notice is
given must endorse the notice with the time and date of its receipt;
and
(b) if the notice is given to a member of the Commission-the member must
give the notice to a Registrar; and
(c) the Registrar must send to the notifier and to each organisation of
employees mentioned in the notice:
(i) a copy of the notice endorsed in accordance with paragraph (a);
and
(ii) a notice of the time and place fixed by the Commission for the
hearing of the matter.
(4) If the Commission issues a certificate under subsection 166A (6) of the
Act, the Registrar must:
(a) keep the certificate; and
(b) give a copy of the certificate to the persons or organisations of
employees mentioned in the certificate.
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