New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 181A

181A Obligation to disclose costs to clients and Commission

(1) An industrial agent who represents a client in proceedings before the Commission must disclose to the client and the Commission in accordance with this section the basis of the costs of any industrial agent services provided by him or her in the proceedings.

(2) The following matters are to be disclosed to the client and the Commission:

(a) the amount of the costs, if known,

(b) if the amount of the costs is not known, the basis of calculating the costs,

(c) the billing arrangements,

(d) any other matter required to be disclosed by the regulations.

(3) A disclosure under the section is to be made at or before the commencement of the proceedings in which the industrial agent is representing the client.

(4) A disclosure under this section must be made in writing and be expressed in clear plain language.

(5) The disclosure may be made separately or in a costs agreement or in any other contract relating to the representation of the client in the proceedings.

(6) A disclosure is not required to be made under this section when it would not be reasonable to require it.

(7) The regulations may make provision for or with respect to:

(a) the information to be disclosed under this section, and

(b) when it would not be reasonable to require a disclosure to be made under this section.

(8) If an industrial agent fails to make a disclosure to a client in accordance with this section of the matters required to be disclosed by this section in relation to costs, the client need not pay the costs of the representation.

(9) An industrial agent who fails to make a disclosure in accordance with this section of the matters required to be disclosed by this section in relation to costs may not maintain proceedings for the recovery of the costs.

(10) In this section:
"costs agreement" means an agreement between a party to proceedings before the Commission ( "the client") and an industrial agent as to the costs of representing the party in the proceedings.