{"id":"nsw:sl-2022-0733","name":"Industrial Relations Commission Rules 2022","slug":"industrial-relations-commission-rules-2022","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"733 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176174,"registerId":"nsw-nsw:sl-2022-0733-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Rules","content":"#### 1 Name of Rules\n\n1.1 Name of Rules\n\n> These Rules are the [Industrial Relations Commission Rules 2022](/view/html/inforce/current/sl-2022-0733).","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Administration","content":"# Part 2 Administration\n\nPart 2 Administration","sortOrder":9},{"sectionNumber":"2","sectionType":"section","heading":"Registry","content":"#### 2 Registry\n\n2.1 Registry\n\n> > (1) The offices of the Registry are to be at the locations directed by the Registrar.\n> \n> > (2) The offices of the Registry must be open for business from 9am to 4pm on all business days.\n> \n> > (3) The offices of the Registry may be open at other times by the direction of the Registrar or the President.\n> > \n> > Note—\n> > \n> > Fees for opening or keeping open the Registry or part of the Registry may be charged in accordance with the regulations under the Act.\n> \n> > (4) In this rule—\n> > \n> > business day means a day that is not—\n> > \n> > > (a) a Saturday or Sunday, or\n> > \n> > > (b) a public holiday or bank holiday throughout the State.\n> \n> **rule 2.1:** Am 2024 (289), Sch 1\\[1\\].","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Commencement of proceedings","content":"# Part 3 Commencement of proceedings\n\nPart 3 Commencement of proceedings\n\nNote—\n\nThis part provides rules for the commencement of proceedings generally. Parts 7A–7D provide for rules specific to the commencement of certain types of proceedings and prevail to the extent of an inconsistency with this part.\n\n**pt 3, note:** Ins 2024 (289), Sch 1\\[7\\].","sortOrder":17},{"sectionNumber":"3","sectionType":"section","heading":"Originating process for proceedings","content":"#### 3 Originating process for proceedings\n\n3.1 Originating process for proceedings\n\n> > (1) The originating process for proceedings in the Commission must be in the approved form for the proceedings unless the Commission orders differently.\n> \n> > (2) The originating process must—\n> > \n> > > (a) state that the proceedings may be heard by the Commission, and\n> > \n> > > (b) state that the respondent is liable to have a decision or an order made against the respondent, unless the respondent or the respondent’s representative attends before the Commission at the time and place stated in the originating process, and\n> > \n> > > (c) state that the respondent must, before the attendance, file a notice of appearance, and\n> > \n> > > (d) give the address of the Registry as the place for attendance.\n> \n> > (3) The Commission, on the application of a respondent by notice of motion, may by order—\n> > \n> > > (a) set aside the originating process, or\n> > \n> > > (b) determine the Commission has no jurisdiction over the respondent in relation to the subject matter of the proceedings, or\n> > \n> > > (c) decline in its discretion to exercise its jurisdiction in the proceedings, or\n> > \n> > > (d) grant other relief the Commission considers appropriate.\n> \n> > (4) If a respondent files a notice of motion without entering a notice of appearance, the notice must—\n> > \n> > > (a) include the words “The respondent’s address for service is” and state the address, and\n> > \n> > > (b) be filed within the required time for entering an appearance.\n> \n> > (5) An application made under subrule (3) does not constitute a voluntary submission to jurisdiction.","sortOrder":18},{"sectionNumber":"Part 4","sectionType":"part","heading":"Conduct of proceedings","content":"# Part 4 Conduct of proceedings\n\nPart 4 Conduct of proceedings\n\nNote—\n\nThis part provides rules generally for the conduct of proceedings. Parts 7A–7D provide for rules specific to the conduct of certain types of proceedings and prevail to the extent of an inconsistency with this part.\n\n**pt 4, note:** Ins 2024 (289), Sch 1\\[9\\].","sortOrder":24},{"sectionNumber":"Division 1","sectionType":"division","heading":"Appearances","content":"## Division 1 Appearances\n\nDivision 1 Appearances","sortOrder":25},{"sectionNumber":"4","sectionType":"section","heading":"Entering an appearance","content":"#### 4 Entering an appearance\n\n4.1 Entering an appearance\n\n> > (1) A person must not, except by leave of the Commission, take any step in proceedings unless the person has—\n> > \n> > > (a) filed an originating process, or\n> > \n> > > (b) entered an appearance.\n> \n> > (2) A respondent may enter an appearance in proceedings—\n> > \n> > > (a) by filing a notice of appearance, or\n> > \n> > > (b) by leave of the Commission, orally during the proceedings.\n> \n> > (3) If an appearance is entered orally during the proceedings, written confirmation must be promptly filed and served.\n> \n> > (4) A respondent who files a reply in proceedings is taken to have entered an appearance in the proceedings.\n> \n> > (5) If a party appearing personally in proceedings before the Commission appoints an Australian legal practitioner or an agent to act in the proceedings on the party’s behalf, the party must file and serve a notice of appearance for the legal practitioner or agent entering an appearance.\n> > \n> > Note—\n> > \n> > The Act, section 166(2) provides that, in certain proceedings, a party requires leave of the Commission to be represented by an Australian legal practitioner or an agent who is an industrial agent.\n> \n> **rule 4.1:** Am 2025 (159), Sch 1\\[2\\].","sortOrder":26},{"sectionNumber":"Division 2","sectionType":"division","heading":"Other provisions","content":"## Division 2 Other provisions\n\nDivision 2 Other provisions","sortOrder":30},{"sectionNumber":"Part 5","sectionType":"part","heading":"Dispute resolution","content":"# Part 5 Dispute resolution\n\nPart 5 Dispute resolution","sortOrder":37},{"sectionNumber":"Division 1A","sectionType":"division","heading":"Mutual gains bargaining","content":"## Division 1A Mutual gains bargaining\n\nDivision 1A Mutual gains bargaining\n\n**pt 5, div 1A:** Ins 2024 (409), Sch 1\\[6\\].","sortOrder":38},{"sectionNumber":"5","sectionType":"section","heading":"Notice of intention to commence bargaining","content":"#### 5 Notice of intention to commence bargaining\n\n5.1A Notice of intention to commence bargaining\n\n> For the Act, section 129N(1), the written notice must be—\n> \n> > (a) in the approved form, and\n> \n> > (b) given to the Registrar in person, by post or by electronic communication.\n> \n> **rule 5.1A:** Ins 2024 (409), Sch 1\\[6\\].","sortOrder":39},{"sectionNumber":"Division 3","sectionType":"division","heading":"Summonses","content":"## Division 3 Summonses\n\nDivision 3 Summonses","sortOrder":50},{"sectionNumber":"Part 6","sectionType":"part","heading":"Awards, contract determinations, enterprise agreements and contract agreements","content":"# Part 6 Awards, contract determinations, enterprise agreements and contract agreements\n\nPart 6 Awards, contract determinations, enterprise agreements and contract agreements","sortOrder":52},{"sectionNumber":"6","sectionType":"section","heading":"Definitions","content":"#### 6 Definitions\n\n6.1 Definitions\n\n> In this division—\n> \n> application, for an award, includes an application to vary or rescind an award.\n> \n> award includes a contract determination.\n> \n> **rule 6.1:** Am 2024 (409), Sch 1\\[7\\].","sortOrder":54},{"sectionNumber":"Part 7","sectionType":"part","heading":"Appeals","content":"# Part 7 Appeals\n\nPart 7 Appeals\n\nNote—\n\nThe Act, Part 7 applies provisions of the [Crimes (Appeal and Review) Act 2001](/view/html/inforce/current/act-2001-120) and the [Criminal Appeal Act 1912](/view/html/inforce/current/act-1912-016) to certain appeals to which this part applies. A reference in this part to the [Criminal Appeal Act 1912](/view/html/inforce/current/act-1912-016) is to that Act as applied by the Act, section 196.\n\n**pt 7, note:** Ins 2025 (159), Sch 1\\[3\\].","sortOrder":64},{"sectionNumber":"7","sectionType":"section","heading":"Application of division","content":"#### 7 Application of division\n\n7.1A Application of division\n\n> The following rules do not apply to an appeal to which Division 3 applies—\n> \n> > (a) rule 7.1,\n> \n> > (b) rules 7.4–6.\n> \n> **rule 7.1A:** Ins 2025 (159), Sch 1\\[4\\].","sortOrder":66},{"sectionNumber":"pt.7-div.3-sdiv.1","sectionType":"division","heading":"Preliminary","content":"### pt.7-div.3-sdiv.1 Preliminary\n\nSubdivision 1 Preliminary\n\n**pt 7, div 3, sdiv 1:** Ins 2025 (159), Sch 1\\[10\\].","sortOrder":85},{"sectionNumber":"pt.7-div.3-sdiv.2","sectionType":"division","heading":"Notices of intention to appeal","content":"### pt.7-div.3-sdiv.2 Notices of intention to appeal\n\nSubdivision 2 Notices of intention to appeal\n\n**pt 7, div 3, sdiv 2:** Ins 2025 (159), Sch 1\\[10\\].","sortOrder":88},{"sectionNumber":"pt.7-div.3-sdiv.3","sectionType":"division","heading":"Notices of appeal","content":"### pt.7-div.3-sdiv.3 Notices of appeal\n\nSubdivision 3 Notices of appeal\n\n**pt 7, div 3, sdiv 3:** Ins 2025 (159), Sch 1\\[10\\].","sortOrder":93},{"sectionNumber":"pt.7-div.3-sdiv.4","sectionType":"division","heading":"Conduct of proceedings","content":"### pt.7-div.3-sdiv.4 Conduct of proceedings\n\nSubdivision 4 Conduct of proceedings\n\n**pt 7, div 3, sdiv 4:** Ins 2025 (159), Sch 1\\[10\\].","sortOrder":98},{"sectionNumber":"pt.7-div.3-sdiv.5","sectionType":"division","heading":"Resolution of proceedings","content":"### pt.7-div.3-sdiv.5 Resolution of proceedings\n\nSubdivision 5 Resolution of proceedings\n\n**pt 7, div 3, sdiv 5:** Ins 2025 (159), Sch 1\\[10\\].","sortOrder":101},{"sectionNumber":"Part 7A","sectionType":"part","heading":"Proceedings for recovery of money and civil penalties","content":"# Part 7A Proceedings for recovery of money and civil penalties\n\nPart 7A Proceedings for recovery of money and civil penalties\n\n**pt 7A:** Ins 2024 (289), Sch 1\\[15\\].","sortOrder":104},{"sectionNumber":"7A","sectionType":"section","heading":"Application of part","content":"#### 7A Application of part\n\n7A.1 Application of part\n\n> > (1) This part applies to proceedings for—\n> > \n> > > (a) an order of payment of money, or\n> > \n> > > (b) a civil penalty, or\n> > \n> > > (c) both.\n> \n> > (2) If this part is inconsistent with Parts 3 and 4, this part prevails to the extent of the inconsistency.\n> \n> **rule 7A.1:** Ins 2024 (289), Sch 1\\[15\\]. Am 2024 (409), Sch 1\\[13\\].","sortOrder":105},{"sectionNumber":"Part 7B","sectionType":"part","heading":"Proceedings for contravention of dispute orders and offences under the Act","content":"# Part 7B Proceedings for contravention of dispute orders and offences under the Act\n\nPart 7B Proceedings for contravention of dispute orders and offences under the Act\n\n**pt 7B:** Ins 2024 (289), Sch 1\\[15\\].","sortOrder":112},{"sectionNumber":"7B","sectionType":"section","heading":"Application of part","content":"#### 7B Application of part\n\n7B.1 Application of part\n\n> > (1) This part applies to the following—\n> > \n> > > (a) proceedings for a contravention of a dispute order under the Act, section 139,\n> > \n> > > (b) criminal proceedings for an offence under the Act.\n> \n> > (2) If this part is inconsistent with Parts 3 and 4, this part prevails to the extent of the inconsistency.\n> \n> **rule 7B.1:** Ins 2024 (289), Sch 1\\[15\\]. Am 2024 (409), Sch 1\\[13\\].","sortOrder":113},{"sectionNumber":"Part 7C","sectionType":"part","heading":"Proceedings for work health and safety prosecutions","content":"# Part 7C Proceedings for work health and safety prosecutions\n\nPart 7C Proceedings for work health and safety prosecutions\n\n**pt 7C:** Ins 2024 (289), Sch 1\\[15\\].","sortOrder":117},{"sectionNumber":"7C","sectionType":"section","heading":"Application of part","content":"#### 7C Application of part\n\n7C.1 Application of part\n\n> This part applies to criminal proceedings in relation to the [Work Health and Safety Act 2011](/view/html/inforce/current/act-2011-010).\n> \n> **rule 7C.1:** Ins 2024 (289), Sch 1\\[15\\]. Am 2024 (409), Sch 1\\[13\\].","sortOrder":118},{"sectionNumber":"Part 7D","sectionType":"part","heading":"Proceedings for unfair contracts","content":"# Part 7D Proceedings for unfair contracts\n\nPart 7D Proceedings for unfair contracts\n\n**pt 7D:** Ins 2024 (289), Sch 1\\[15\\].","sortOrder":122},{"sectionNumber":"7D","sectionType":"section","heading":"Definition","content":"#### 7D Definition\n\n7D.1 Definition\n\n> In this part—\n> \n> conciliation certificate means the conciliation certificate issued under rule 7D.6(1).\n> \n> **rule 7D.1:** Ins 2024 (289), Sch 1\\[15\\].","sortOrder":123},{"sectionNumber":"Part 8","sectionType":"part","heading":"Small claims applications","content":"# Part 8 Small claims applications\n\nPart 8 Small claims applications","sortOrder":131},{"sectionNumber":"8","sectionType":"section","heading":"Definition","content":"#### 8 Definition\n\n8.1 Definition\n\n> In this part—\n> \n> small claims application has the same meaning as in the Act, section 379.\n> \n> **rule 8.1:** Subst 2024 (409), Sch 1\\[15\\]. Am 2025 (412), Sch 1\\[7\\]–\\[9\\].","sortOrder":132},{"sectionNumber":"Part 8A","sectionType":"part","heading":"Contempt of the Commission","content":"# Part 8A Contempt of the Commission\n\nPart 8A Contempt of the Commission\n\nNote—\n\nContempt of the Commission can be either contempt of the Commission, when it is not in Court Session, or contempt of the Commission when in Court Session, the Industrial Court. But proceedings for contempt may only be taken before the Industrial Court. See the Act, section 180.\n\n**pt 8A:** Ins 2024 (289), Sch 1\\[16\\].\n\n**pt 8A, note:** Am 2024 (409), Sch 1\\[20\\].","sortOrder":138},{"sectionNumber":"8A","sectionType":"section","heading":"Arrest","content":"#### 8A Arrest\n\n8A.1 Arrest\n\n> If it is alleged, or it appears to the Industrial Court on its own view, that a person is guilty of contempt, committed in the face of the Commission or in the hearing of the Commission, the Court may—\n> \n> > (a) give an oral direction that the contemnor be brought before the Court, or\n> \n> > (b) issue a warrant for the arrest of the contemnor.\n> \n> **rule 8A.1:** Ins 2024 (289), Sch 1\\[16\\].","sortOrder":140},{"sectionNumber":"Part 9","sectionType":"part","heading":"Miscellaneous","content":"# Part 9 Miscellaneous\n\nPart 9 Miscellaneous","sortOrder":151},{"sectionNumber":"9","sectionType":"section","heading":null,"content":"#### 9\n\n9.1 (Repealed)","sortOrder":152},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Application of UCPR","content":"# Schedule 1 Application of UCPR\n\nSchedule 1 Application of UCPR\n\nRule 1.6\n\nUCPR provisions that do not apply to Commission when not in Court session\n\n| Part 5 |\n| Part 6 |\n| Part 16 |\n| Part 17 |\n| Part 20 |\n| Part 21 |\n| Part 22 |\n| Part 23 |\n| Part 31, Division 1, except rules 31.1, 31.2, 31.3, 31.4, 31.11, 31.12 and 31.16A |\n| Part 31, Division 2 |\n| Part 32 |\n| Part 34 |\n| Part 37 |\n| Part 38 |\n| Part 39 |\n| Part 42 |\n| Part 43 |\n| Part 46 |\n\nUCPR provisions that do not apply to Industrial Court\n\n| Part 6 |\n| Part 16 |\n| Part 20, except for Division 4 (but Division 4 does not apply until after conciliation has been attempted under the Act, section 109) |\n| Part 23, Divisions 1 and 2 |\n| Part 37 |\n| Part 38 |\n| Part 39 |\n| Part 42, Division 2 |\n| Part 43 |\n\n**sch 1:** Ins 2024 (289), Sch 1\\[17\\].","sortOrder":159},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Number of copies to file in proceedings","content":"# Schedule 2 Number of copies to file in proceedings\n\nSchedule 2 Number of copies to file in proceedings\n\nRule 2.5(3)\n\nNote—\n\nParties will also need a copy for themselves, and, if the document has to be served on other parties, enough copies to serve each party plus an additional copy to attach to an affidavit of service.\n\n| Type of proceedings | Number of copies |\n| General application | original plus 1 copy, unless otherwise required in the approved form |\n| Application for award, contract determination, enterprise agreement or contract agreement | original plus 1 copy |\n| Application for relief from unfair dismissal | original plus 1 copy |\n| Application for the recovery of money or civil penalties under the Industrial Relations Act 1996, Chapter 7 | original plus 1 copy |\n| Application for the recovery of money or civil penalties under the Fair Work Act 2009 of the Commonwealth | original plus 1 copy |\n| Application under the Criminal Procedure Act 1986 | original plus 1 copy |\n| Applications under the Work Health and Safety Act 2011 | original plus 1 copy |\n| Notice of an intention to commence mutual gains bargaining under the Act, section 129N | original plus 1 copy |\n| Written notice declaring mutual gains bargaining unresolved under the Act, section 129P(3) | original plus 1 copy |\n| Dispute notification | original plus 1 copy |\n| Appeals | original plus 3 copies |\n| Matters before a Full Bench | original plus 3 copies, or, if the Full Bench consists of more than 3 members, the same number of copies as members of the Full Bench |\n| Contract of Carriage Tribunal | original plus 3 copies |\n\n**sch 2:** Ins 2024 (289), Sch 1\\[17\\].","sortOrder":160},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":null,"content":"# Schedule 3\n\nSchedule 3 (Repealed)\n\n**sch 3:** Ins 2024 (289), Sch 1\\[17\\]. Rep 2025 (412), Sch 1\\[12\\].","sortOrder":161}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"name":"Industrial Relations Commission Rules 2022","slug":"industrial-relations-commission-rules-2022","title_id":"nsw:sl-2022-0733","version_id":176174,"analysis_type":"summary","content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"Complete in-force NSW subordinate legislation of 97,794 characters setting out the procedural rules for the NSW Industrial Relations Commission."},"complexity_factors":["Procedural rules requiring reference to the parent Industrial Relations Act 1996","Multiple specialist proceedings tracks (civil penalties, WHS prosecutions, unfair contracts)","Electronic filing and Commission website requirements","2024 amendments adding mutual gains bargaining procedures"],"plain_english_summary":"The Industrial Relations Commission Rules 2022 (NSW) are the procedural rules governing proceedings before the NSW Industrial Relations Commission. They replaced the predecessor rules with effect from their publication on the NSW legislation website in 2022.\n\nThe Rules cover the full lifecycle of Commission proceedings across 14 Parts. Part 1 defines key terms including 'Commission website', 'approved form', 'file' and 'Registry'. Part 2 governs Registry administration. Part 3 sets out the requirements for originating process in proceedings, including prescribed form requirements and the procedure for challenging jurisdiction (r 3.1). Part 4 deals with the conduct of proceedings.\n\nPart 5 governs dispute resolution, including a Division 1A (inserted in 2024) on mutual gains bargaining for enterprise agreement negotiations, and a conciliation certificate regime.\n\nPart 6 covers awards, contract determinations, enterprise agreements and contract agreements. Rules in Part 6 govern the preparation of draft awards by the Registrar or parties, filing of electronic versions within 7 days, and the registration of enterprise agreements.\n\nPart 7 deals with appeals, with a note that the Industrial Relations Act applies provisions of the Crimes (Appeal and Review) Act 2001 and the Criminal Appeal Act 1912 to certain appeals. Part 7A provides rules for recovery of money and civil penalties. Part 7B covers proceedings for contravention of dispute orders. Part 7C governs work health and safety prosecutions before the Commission. Part 7D covers unfair contracts proceedings.\n\nPart 8 deals with small claims applications. Part 8A governs contempt of the Commission. The Rules are a collection and should be read alongside the Industrial Relations Act 1996 (NSW) which confers the Commission's jurisdiction."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Rules replace the 2009 Rules (rule 9.6(1)) and introduce new substantive procedural tracks and amendments (marked throughout as insertions and amendments dated 2024–2025).  New parts and divisions extend procedures for recovery of money and civil penalties (Part 7A), contraventions and offences under the Act (Part 7B), WHS prosecutions (Part 7C), unfair contracts (Part 7D), and contempt (Part 8A), and add or modify processes for mutual gains bargaining, bullying and sexual harassment proceedings and appeals to the Full Bench (see respective Parts and rules).  These changes broaden the procedural scope of the instrument compared with the instrument it repeals by adding subject‑specific commencement, conciliation and evidence requirements, expanding Registrar functions, and carving out or excluding additional UCPR provisions (Schedule 1)."},"complexity_factors":["Multiple specialised parts and divisions (Parts 3–9 plus Parts 7A–7D, 8A) creating parallel tracks for different subject‑matter (e.g. WHS prosecutions, unfair contracts, contempt, small claims).","Extensive cross‑referencing to primary statutes (Industrial Relations Act, Civil Procedure Act, UCPR, Criminal Appeal Act, Fair Work Act, Work Health and Safety Act) increasing interpretive layering (see rules 1.3, 1.5, 1.6, Part 7 notes).","Numerous procedural exceptions and prevalences (subject‑specific rules prevail over Parts 3–4; see rules 7A.1, 7B.1, 7D.2), complicating which rule applies in mixed matters.","Delegation of functions to the President, Registrar and Registry officers (rule 2.2, 2.4, 7A.5) produces variable administrative discretion requiring procedural guidance to be effective.","Detailed evidence and verification requirements across tracks (affidavits, verification, transcript production; rules 6.8, 7B.2, 8A.8, 7.7) increase documentary complexity.","Strict and differing time limits and service obligations for particular proceedings (e.g. 7‑day response windows in bullying/sexual harassment; rules 3.4–3.5; appeal timelines in Part 7).","Integration of electronic filing alongside paper requirements and specified numbers of copies (rule 2.5; Schedule 2) adds logistical complexity for parties and registry operations.","Exclusions of many UCPR parts for non‑Court session Commission business (Schedule 1) require users to check both instruments and the Rules for applicable procedures."],"plain_english_summary":"What these Rules do (mechanically)\n\n- Establish the Commission’s procedural rules for a wide range of matters heard by the Industrial Relations Commission and the Industrial Court, including filing, service, forms, hearings, conciliation and appeals (Parts 1–9; e.g. rules 2.5, 3.1, 4.1, 7.1).  Many subject‑specific tracks are added or clarified (see Parts 7A–7D, 7B, 7C, 8, 8A).\n\n- Require use of approved forms and set how documents are filed and served, including electronic filing through an online registry and email where appropriate (definitions and rule 2.4; rule 2.5).  The President approves forms; the Registrar publishes them on the Commission website (rule 2.4(1)–(2)).\n\n- Make conciliation a mandatory step before many hearings and create structured conciliation processes for particular types of matters (small claims, unfair contracts, recovery of money and civil penalties, Fair Work Act matters) (rules 7A.3, 7A.3A, 7D.5, 8.3).\n\n- Set time limits and service rules for specialised applications (for example: bullying and sexual harassment proceedings must be served and responded to within fixed short periods—rules 3.4–3.5).  Appeal timing and procedural steps (notice of appeal, appeal book, leave to introduce fresh evidence etc.) are prescribed (Part 7, rules 7.1–7.7, 7.21).\n\n- Allocate tasks and discretionary powers among the President, judicial members, the Registrar and Registry officers (for example: the President may approve forms and direct Registrar/Registry officers to exercise functions; the Registrar issues summonses and can settle draft awards) (rules 2.2, 2.3, 2.4, 6.2–6.4, 7A.5, 5.6).\n\n- Provide special criminal and enforcement tracks (contraventions of dispute orders and offences, work health and safety prosecutions, contempt procedures and criminal appeals to the Full Bench) with their own commencement, service and evidence rules (Parts 7B, 7C, 8A, Part 7 Division 3; e.g. rules 7B.2–7B.4, 7C.2–7C.3, 8A.7–8A.10, 7.15–7.28).\n\n- Repeal the prior 2009 Rules and carry forward savings (rule 9.6(1)–(2)).  Several UCPR provisions are excluded for non‑Court session Commission proceedings and for the Industrial Court (Schedule 1).\n\nWho is affected\n\n- Parties and prospective parties to Commission proceedings: employees, employers (including contractors and carriers where relevant), unions, industrial organisations, and other persons or corporations who bring or are subject to proceedings (multiple rules; see rule 6.9 for enterprise agreements; rules 3.4–3.5 for bullying/sexual harassment). \n\n- Legal practitioners and agents: representation rules and filing requirements apply; some proceedings restrict who may represent parties except with leave (rule 4.1 and note re Act, s 166(2)).\n\n- The Commission’s officers: the President, judicial members, the Registrar and Registry officers gain administrative and procedural roles (rules 2.2, 2.4, 7A.5).  The Registrar has active case‑management functions (e.g. issuing summonses, settling awards, forwarding papers—rules 5.6, 6.3–6.4, 7B.3).\n\nWhy it matters (official purpose claims and practical effects)\n\n- Officially, the Rules standardise procedure, facilitate electronic handling of matters and require conciliation before adjudication to promote settlement (see rules 2.4, 2.5, 7A.3, 7D.5).  Those are procedural aims stated in the instrument (see rule 1.5 referencing the Civil Procedure Act application).\n\n- Costs and compliance burdens: frequent procedural obligations create direct compliance costs—approved forms, affidavits, specified numbers of physical copies (Schedule 2), strict service windows for some applications (e.g. 7 days for bullying/sexual harassment responses: rules 3.4(4)–(5), 3.5(4)), and affidavit evidence requirements in several tracks (e.g. rules 6.8(1), 7A.2(2), 7B.2(3), 7D.3(7)).  Filing fees and fees for Registry opening/extended hours are referred to in notes (rule 2.1 note; rule 2.5(3) refusal if fee unpaid).\n\n- Incentives and behaviour changes: mandatory or strongly encouraged conciliation shifts behaviour toward settlement before hearing (rules 7A.3, 7D.5, 8.3). Strict timeframes for particular claims (bullying/sexual harassment) push faster responses and earlier engagement (rules 3.4–3.5). Use of an online registry and electronic copies (rule 2.5; definitions) encourages digital case practices.\n\n- Bureaucratic discretion and implementation risk: the President and Registrar have broad authority to approve forms, direct Registry officers to exercise Commission functions, allocate hearings, and refuse non‑conforming filings (rules 2.2, 2.4, 2.5(3), 7D.4).  Those delegations lower the need for judicial involvement but increase administrative decision‑making (and corresponding operational risk if registry capacity or guidance is insufficient).\n\n- Effects on private enterprise and contract freedom: the Rules set procedural requirements for enterprise agreements, contract agreements and awards (Division 2, Part 6; rule 6.9).  They require comparative/compliance affidavits for agreement approval (rule 6.9(1)–(3)), which raises the administrative burden on employers and bargaining parties seeking approval.\n\n- Concentrated benefits and diffuse costs: clearer, standardised procedures and mandatory conciliation chiefly benefit parties that use the system repeatedly (registrars, frequent litigants, large employers or unions) because they can internalise compliance costs; casual or first‑time litigants face the bulk of the procedural and cost burden (see Schedule 2 copy requirements; affidavit and form requirements across Parts).\n\nTrade‑offs and opportunity costs\n\n- The Rules trade quicker, more uniform processing and settlement encouragement (via conciliation, forms, electronic filing) against additional up‑front compliance steps (affidavits, prescribed forms, copy counts, short service windows).  Parties inclined to litigate may face higher transactional costs.\n\n- Centralising routine functions with the Registrar and expanding non‑judicial conciliation duties reduces judicial workload but transfers decision latitude and administrative risk to registry staff (rules 2.2, 7A.5, 7A.3).\n\nImplementation and compliance attention points (examples and sections)\n\n- Use approved forms and publish them online (rule 2.4).\n- File electronically where online registry exists; alternate service by email only if online filing unavailable (rule 2.5; definitions).\n- Mandatory conciliation steps before hearings in many tracks; failure to attend may lead to dismissal or judgment in small claims (rules 7A.3, 7D.5, 8.3(5)–(6)).\n- Tight response windows for bullying/sexual harassment matters (rules 3.4(4)–(5), 3.5(4)).\n- Affidavit and verification requirements for consent awards, enterprise agreement approval, recovery of money/civil penalties, contravention proceedings and contempt proceedings (rules 6.8, 6.9, 7A.2, 7B.2, 8A.8).\n\nNet practical effect in plain terms\n\n- The Rules make Commission practice more form‑driven, require electronic processes where available, emphasise conciliation, and create several specialised procedural tracks with strict filing, service and verification requirements.  They shift many procedural decisions away from routine judicial determination to the Registrar and President, and tighten timelines for certain dispute types.\n\n(References are to the Rules as published: e.g. rules 1.4, 1.5, 2.4–2.5, 3.4–3.5, 4.1–4.7, Parts 5–9, Parts 7A–7D, Schedule 1 and Schedule 2.)"},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 2022 rules appear to have been a consolidation/replacement of the 2009 rules. However, the 2024–2025 amendments have significantly expanded scope beyond traditional industrial relations procedure. The legislation now encompasses: (1) detailed criminal appeal procedures to the Full Bench (Part 7, Division 3) incorporating Commonwealth and State criminal appeal statutes; (2) dedicated parts for work health and safety prosecutions (Part 7C) and mutual gains bargaining (Part 5, Division 1A); (3) specific protections and procedures for bullying and sexual harassment proceedings (rules 3.4, 3.5, 4.9); and (4) contempt proceedings (Part 8A). The instrument has evolved from general procedural rules to a comprehensive case management system covering civil, criminal, and quasi-criminal jurisdictions."},"complexity_factors":["Multiple overlapping parts with specific application rules (Parts 7A–7D each have 'prevail over' clauses creating a hierarchy of rules)","Extensive cross-referencing to external legislation: Industrial Relations Act 1996, Fair Work Act 2009 (Cth), Civil Procedure Act 2005, UCPR, Work Health and Safety Act 2011, Criminal Procedure Act 1986, Evidence Act 1995, Crimes (Appeal and Review) Act 2001, Criminal Appeal Act 1912","Schedule 1 creates a complex matrix of which Uniform Civil Procedure Rules apply to which tribunal configuration (Commission vs Industrial Court, in session vs not in session)","Nested conditional logic: rule 1.7A excludes Parts 3 and 4 for WHS prosecutions, but then Part 7C provides replacement rules","Multiple amendment layers visible in rule history notes (2024 and 2025 amendments creating patchwork effect)","27 defined terms in rule 1.3, with some definitions pointing to other rules (e.g., 'appellant, for Part 7, Division 3—see rule 7.16')","Specific procedural carve-outs for different matter types (bullying, sexual harassment, small claims, contempt) each with unique commencement and conduct requirements"],"plain_english_summary":"**What this legislation does:**\n\nThese are the **procedural rules** that govern how cases are run in the NSW Industrial Relations Commission (IRC) and the Industrial Court. Think of them as the \"instruction manual\" for anyone involved in workplace disputes, wage claims, unfair dismissal cases, or prosecutions for workplace safety breaches in New South Wales.\n\n**Who it affects:**\n\n* **Workers and employers** bringing claims about wages, conditions, unfair dismissal, bullying, or sexual harassment\n* **Unions and employer associations** involved in award-making or enterprise bargaining\n* **Prosecutors and defendants** in work health and safety criminal cases\n* **Legal representatives** (lawyers and industrial agents) appearing before the Commission\n\n**Key things the rules cover:**\n\n* **How to start a case** — what forms to use, how to file documents (in person, online, by email), and who must be notified\n* **Conciliation and dispute resolution** — requirements to attempt settlement before hearings, including special processes for \"mutual gains bargaining\" (a collaborative negotiation method)\n* **Different types of proceedings** — specific rules for:\n    * Money recovery and civil penalties (Part 7A)\n    * Criminal offences under industrial laws (Part 7B)\n    * Work health and safety prosecutions (Part 7C)\n    * Unfair contract claims (Part 7D)\n    * Small claims (Part 8)\n    * Contempt of court (Part 8A)\n* **Appeals** — including new detailed procedures for criminal appeals to the Full Bench (Division 3 of Part 7)\n* **Technology** — use of online registry, electronic filing, and video/telephone hearings\n\n**Why it matters:**\n\nThese rules determine whether your case gets heard, how quickly it moves, what evidence you can present, and whether you might have to pay the other side's costs. Recent updates (2024–2025) have added specific protections for **bullying and sexual harassment proceedings** (allowing private hearings and flexible arrangements) and streamlined processes for **criminal appeals** and **money recovery claims**."}},"importantCases":[],"_links":{"self":"/api/acts/industrial-relations-commission-rules-2022","history":"/api/acts/industrial-relations-commission-rules-2022/history","analysis":"/api/acts/industrial-relations-commission-rules-2022/analysis","conflicts":"/api/acts/industrial-relations-commission-rules-2022/conflicts","importantCases":"/api/acts/industrial-relations-commission-rules-2022/important-cases","documents":"/api/acts/industrial-relations-commission-rules-2022/documents"}}