INDUSTRIAL RELATIONS COMMISSION RULES 1996 - REG 217B Prosecutions

This legislation has been repealed.

INDUSTRIAL RELATIONS COMMISSION RULES 1996 - REG 217B

217B Prosecutions

(1) Proceedings before the Commission in Court Session for an offence (other than contempt) must, unless otherwise provided, be commenced by an application for an order under section 4 (1) of the Supreme Court (Summary Jurisdiction) Act 1967 (as applied to the Commission by section 168 of the Industrial Relations Act 1996 ).

(2) The application must state:

(a) the name and address of the person by whom the proceedings are brought ( "the prosecutor"), and

(b) the capacity in which the prosecutor is taking the proceedings, and

(c) the name and address of the person against whom the proceedings are brought ( "the defendant"), and

(d) the Act and the section under which the defendant is alleged to have committed an offence, and

(e) the nature of the offence that is alleged.

(3) The Commission may require the prosecutor to file, in support of the application for an order filed under subrule (1):

(a) an affidavit verifying the allegations made in the application, and

(b) a minute of the order claimed.