New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 379

379 Small claims procedure

(1) A person who makes an application to an industrial court for an order under this Part may request that the application be dealt with under this section.

(2) An application that the industrial court decides to deal with under this section is called a "small claims application".

(3) The maximum amount that the industrial court may order an employer to pay on a small claims application in respect of any one employee is:

(a) except as provided by paragraph (b)-$10,000, or

(b) if some other amount is prescribed by the regulations for the purposes of this section-that other amount.

(4) The industrial court is not bound by the rules of evidence when dealing with a small claims application, but may inform itself of any matter in such manner as the court thinks fit.

(5) A party to proceedings on a small claims application may be represented by an agent, but is not entitled to be represented by an agent who is an Australian legal practitioner unless the industrial court so approves. That approval is not to be given unless:

(a) all parties to the proceedings agree, and

(b) the industrial court is satisfied that the parties (other than the party who applies for approval) or any of them will not be disadvantaged.

(6) The approval of the industrial court to be represented by an Australian legal practitioner is not required if the practitioner:

(a) represents a corporation and is an officer of the corporation within the meaning of the Corporations Act 2001 of the Commonwealth, or

(b) represents an owners corporation constituted under the Strata Schemes Management Act 1996 and is one of the proprietors or lessees constituting the owners corporation, or

(c) represents a member of an industrial organisation and is an officer or employee of the organisation, or

(d) represents a member of a State peak council and is an officer or employee of that council.

(7) The approval of the industrial court to be represented by an Australian legal practitioner may be given subject to such conditions as the court considers reasonable to ensure that any other party to the proceedings is not disadvantaged by the practitioner appearing in the proceedings.

(8) A contravention of subsections (5)-(7) does not invalidate the proceedings or any order made in those proceedings.