New South Wales Repealed Regulations New South Wales Repealed RegulationsThis legislation has been repealed.
- Made under the Industrial Relations Act 1996
- As at 1 February 2010
- Reg 441 of 1996
TABLE OF PROVISIONS
PART 1 - PRELIMINARY
1. Name of Rules
2. Commencement
3. Division of Rules
4. Definitions
5. Forms
PART 2 - INDUSTRIAL RELATIONS COMMISSION AND OTHER TRIBUNALS
6. Seals and stamps
7. Registrar to receive and submit all documents filed
8. Filing by post or Document Exchange
9. Copies to be filed
10. Registry hours
11. Serial numbers for filing
12. Searches
13. Scandal etc
PART 3 - INITIATION OF PROCEEDINGS
14. Originating process
15. Matters initiated by Commission
16. Urgency affidavit
17. Commission’s exercise of powers of Registrar
18. Proceedings under section 106 (Void contracts) and section 111 (Regulated contracts)
18A. New procedure under section 106 (Unfair contracts)
19. Recovery of wages, remuneration and other amounts
20. Small claims during other Commission proceeding
PART 4 - OTHER STAGES OF PROCEEDINGS
21. Service of documents following reference
22. Reply to application
23. Points of contention
PART 5 - DISPUTE NOTIFICATIONS
24. Notification of dispute
25. Money claims related to notification
26. Reinstatement claims related to notification
27. How disputes can be notified
28. Service of notification
29. Summons to confer
PART 6 - AWARDS AND CONTRACT DETERMINATIONS
Division 1 - Provisions relating to awards
30. Definition
31. Preparation of draft award
32. Computer readable version of award to be filed
33. Settlement of an award
Division 2 - Standard clauses and formats
34. Publication of clauses and formats
Division 3 - Reprints and consolidations
35. Registrar may prepare reprints
36. Consolidations
Division 4 - Correction
37. Application
38. Correction of orders or awards
Division 5 - Three yearly review
39. Review of awards
Division 6 - Records of persons affected by awards
40. Records of persons affected by awards
PART 7 - ENTERPRISE AGREEMENTS
41. Comparison and compliance statement
PART 8 - APPEALS
Division 1 - General
42. Time to appeal
43. Application for stay of proceedings
44. Respondents
45. Interlocutory decisions
46. Appeal book
Division 2 - Stated case
47. Application
48. Stated case
49. Appellant not required to enter recognizance to prosecute appeal
50. Form of stated case
51. Draft case to be prepared
52. Draft case to be forwarded to magistrate
53. Settlement of draft case
54. Magistrate to sign stated case
55. Service of copies of case
56. Further powers of Chief Industrial Magistrate
PART 9 - PARTICULARS
57. General
58. Interest
59. Fraud etc
60. Condition of mind
61. Out of pocket expenses
62. Damages
63. Manner of giving particulars
64. Order for particulars
PART 10 - INDUSTRIAL COMMITTEES
65. Dissolution or extension of term of an Industrial Committee
66. Notice of sitting of an Industrial Committee
67. Records relating to Industrial Committees
PART 11 - MOTIONS
68. Application
69. Notice
70. Time for service of notice
71. Service
72. Absence of party
73. Notice of adjournment
74. Further hearing
PART 12 - APPEARANCE
75. Appearance by solicitor, agent or in person
76. No step without appearance
77. Mode of entry
78. Notice of appearance
79. Time for an appearance
80. Late appearance
81. Service
82. Setting aside originating process etc
PART 13 - GENERAL PROCEDURE
83. General powers
84. Directions generally
85. Directions where procedure wanting or in doubt
86. Production of document on notice
87. Exhibits
88. Waiver of compliance with procedural requirements
89. Supplementary practice before Commission
PART 14 - SUMMONSES
90. Interpretation
91. Summonses
92. Conduct money
93. Service of summons
94. Setting aside of summons
95. Witnesses expenses
96. Production by non-party
97. Production of documents by Registrar
PART 15 - SERVICE AND NOTICE OF HEARING
98. Service of process by parties
99. Service of originating process
100. Registrar to facilitate service of process
101. Service of summons or notice to show cause
102. Service of appeal
103. Service of other process
104. Service upon individuals
105. Service upon corporations other than industrial organisations
106. Service upon industrial organisations
107. Service on solicitors or agents
108. Time of service
109. Affidavit of service
110. Substituted service
111. Service out of the State but within Australia
112. Service out of Australia
113. Notice of hearing
PART 16 - AFFIDAVITS
114. Time for swearing
115. Form
116. Alterations
117. Annexures and exhibits
118. Irregularity
119. Handing up affidavits
120. Service
121. Scandal etc
122. Cross-examination
PART 17 - SOLICITORS AND AGENTS
123. Solicitors or agents
124. Effect of change of solicitor or agent
125. Adverse parties
126. Change of solicitor or agent
127. Change of solicitor’s agent
128. Appointment of solicitor or agent
129. Removal of solicitor or agent
130. Withdrawal of solicitor or agent
131. Signature for solicitor
132. Actions by a solicitor corporation
PART 18 - TIME
133. Reckoning of time
134. Extension and abridgment
135. Fixing time period
136. Vacation
PART 19 - WITHDRAWALS AND DISCONTINUANCE
Division 1 - Withdrawal of appearance
137. Withdrawal of appearance
Division 2 - Discontinuance
138. Discontinuance
139. Withdrawal of process in the nature of defence, reply etc
140. Terms of leave
141. Mode of discontinuance or withdrawal
142. Service
143. Effect of discontinuance
144. Stay to secure costs
Division 3 - Discontinuance by Commission
145. Discontinuance of Committee proceedings by Commission
Division 4 - Want of prosecution
146. Want of prosecution
147. Effect of dismissal
PART 20 - AMENDMENT
148. General
149. Amendment of process
150. Mode of amendment-directions
151. Minute of judgment or order
PART 21 - ADMISSIONS
152. Application
153. Voluntary admission
154. Notice to admit facts
155. Judgment on admissions
156. Admission of documents discovered
157. Notice to admit documents
158. Restricted effect of admission
PART 22 - DISCOVERY AND INSPECTION OF DOCUMENTS
159. Application
160. Definitions
161. Notice to produce for inspection
162. Order for discovery
163. Powers of Commission
164. Contempt
PART 23 - OFFER OF COMPROMISE
165. Application
166. Mode of making offer
167. Application
168. Time for making or accepting offer
169. Time for payment
170. Withdrawal of acceptance
171. Offer without prejudice
172. Disclosure of offer to Commission
173. Failure to comply with accepted offer
174. Multiple respondents
PART 24 - EVIDENCE
175. Application
176. Form of evidence
177. Evidence in other proceedings
178. Hearsay and copies
179. Witness statements
180. Plans, photographs and models
181. Proof of Industrial Relations Commission or former Court and Commission documents
182. Unstamped documents: undertaking
183. Consent of trustee etc
184. Attendance and production
185. Leading questions to witness
186. Privilege
187. Disclosure of experts’ reports and medical and hospital reports
188. Expert’s report admissible at hearing
189. Notice under section 67 or section 99 of the Evidence Act 1995
PART 25 - PRELIMINARY DISCOVERY
190. Application
191. Examination and production
192. Procedure
193. Expenses and loss
PART 26 - PREHEARING CONFERENCES
194. Application
195. Holding of prehearing conference
196. Reopening of application for directions
197. Adjournment
198. Considerations listed
199. Powers of Commission and Registrar
200. Disqualification of Judicial Member
201. Failure to comply with any direction
PART 27 - COSTS
202. Application
203. Time for dealing with costs
204. Assessed costs
205. Assessed costs and other provisions
206. Order for payment
207. Costs in other courts or tribunals
208. Unnecessary appearance in Commission
209. Barrister or solicitor or agent to repay costs due to delay, misconduct etc
210. Costs reserved
211. Costs of application or step within proceedings
212. Costs of application or step within proceedings where stood over to hearing
213. Extension of time
214. Non-admission of fact
215. Discontinuance
216. Offer of compromise
217. Continuance of interlocutory injunction
PART 27A - PROCEEDINGS FOR OFFENCES
217A. Application
217B. Prosecutions
217C. Service
217D. Discontinuance and withdrawal of proceedings
217E. Amendment of process
PART 28 - PROCEEDINGS TO RECOVER A CIVIL PENALTY
218. Application
219. Proceedings to recover a civil penalty
220. Issue of summons
221. Service of summons and affidavit verifying
222. Dismissal for want of prosecution
223. Discontinuance and withdrawal of proceedings
224. Amendment of process
225. Motion for injunction
PART 29 - CONTEMPT
Division 1 - Preliminary
226. Application
227. Interpretation
Division 2 - Contempt in the face or hearing of the Commission
228. Arrest
229. Charge defence and determination
230. Interim custody
Division 3 - Motion or proceedings for punishment
231. Application
232. Procedure generally
233. Statement of charge
234. Evidence
235. Service
236. Arrest
237. Motion or proceedings by the Registrar
238. Warrant
PART 30 - MATTERS BEFORE THE REGISTRAR
Division 1 - Preliminary
239. Interpretation
240. Powers
241. Decision or order
Division 2 - Reference and removal
242. Reference
243. Removal
244. Disposal
Division 3 - General powers and duties
245. Mandatory order
246. Procedure before Registrar
247. Service of appointment before Registrar
PART 31 - CONCILIATION UNDER SECTION 109
248. Application
249. Allocation generally
250. Allocation of matter for conciliation
251. Conduct of conciliation conferences
252. Certificate of result of conciliation
253. Allocation of matter after certificate issued
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3