{"id":"qld:sl-2011-0237","name":"Industrial Relations (Tribunals) Rules 2011","slug":"industrial-relations-tribunals-rules-2011","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"237 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175676,"registerId":"qld-qld:sl-2011-0237-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThese rules may be cited as the Industrial Relations (Tribunals) Rules 2011 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThese rules commence on 1 January 2012.\nFrom 1 March 2017, these rules continue to have effect as if they were made under section 551 of the Act —see section 1025 of the Act .\nr 2 amd 2017 SL No. 26 s 4","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 2 defines particular words used in these rules.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"What a reference to application, application to appeal or applicant includes","content":"### sec.4 What a reference to application, application to appeal or applicant includes\n\nA reference in part 2 , other than rule 8 , and in rules 229 to 231 —\nto an application includes a reference to—\na notice of appeal under an appeal Act; and\na complaint referral; and\nto an applicant includes a reference to an appellant to an appeal under an appeal Act.\nA reference in part 5 to an application to appeal includes a reference to a notice of appeal under an appeal Act.\nr 4 amd 2017 SL No. 26 s 5\n(sec.4-ssec.1) A reference in part 2 , other than rule 8 , and in rules 229 to 231 — to an application includes a reference to— a notice of appeal under an appeal Act; and a complaint referral; and to an applicant includes a reference to an appellant to an appeal under an appeal Act.\n(sec.4-ssec.2) A reference in part 5 to an application to appeal includes a reference to a notice of appeal under an appeal Act.\n- (a) to an application includes a reference to— (i) a notice of appeal under an appeal Act; and (ii) a complaint referral; and\n- (i) a notice of appeal under an appeal Act; and\n- (ii) a complaint referral; and\n- (b) to an applicant includes a reference to an appellant to an appeal under an appeal Act.\n- (i) a notice of appeal under an appeal Act; and\n- (ii) a complaint referral; and","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Proceedings to which rules apply","content":"### sec.5 Proceedings to which rules apply\n\nThese rules apply to a proceeding before the court, the commission, a magistrate or the registrar.\nFor the meaning of magistrate , see the Act , schedule 5 .","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Purpose of rules","content":"### sec.6 Purpose of rules\n\nThe purpose of these rules is to provide for the just and expeditious disposition of the business of the court, the commission, a magistrate and the registrar at a minimum of expense.","sortOrder":6},{"sectionNumber":"pt.2","sectionType":"part","heading":"Proceedings before court, commission or registrar","content":"# Proceedings before court, commission or registrar","sortOrder":7},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Application of pt 2","content":"## Application of pt 2","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Application of pt 2","content":"### sec.7 Application of pt 2\n\nThis part applies to a proceeding before the court, commission or registrar.","sortOrder":9},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Procedures","content":"## Procedures","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Starting proceedings","content":"### sec.8 Starting proceedings\n\nA proceeding must be started by an application in the approved form.\nSee rule 4 .\nHowever, subrule (1) does not apply—\nto a proceeding started by a notice of appeal under an appeal Act; or\nif the court, commission, registrar or these rules require otherwise; or\nto a proceeding started on the initiative of the commission or registrar; or\nFor proceedings started on the initiative of the commission, see rule 99 .\nto a proceeding started as directed by the Minister under the Act ; or\nto a proceeding arising out of the giving of a notice of industrial dispute under section 261 of the Act ; or\nto a proceeding started by a complaint referral.\nFor these rules, each of the following is a document starting a proceeding—\nan application to appeal;\na notice of appeal under an appeal Act;\na complaint referral.\nA notice of appeal under an appeal Act must—\nfor an appeal to the commission under the Workers’ Compensation and Rehabilitation Act 2003 —be in the WCR approved form; or\notherwise—be in the approved form.\nA complaint referral must be in the approved form.\nA proceeding, other than a proceeding started by a notice of appeal under an appeal Act or an application for a WHS review, starts when the document starting the proceeding—\nis filed or otherwise received under the Act or these rules; or\nfor a document issued by the court, commission or registrar—is issued.\nA proceeding started by a notice of appeal under an appeal Act, or an application for a WHS review under the Work Health and Safety Act 2011 , starts as provided under that Act.\nIn this rule—\nWCR approved form means an approved form for use for notices of appeal to the commission under the Workers’ Compensation and Rehabilitation Act 2003 .\nr 8 amd 2013 SL No. 73 s 4 ; 2017 SL No. 26 s 6\n(sec.8-ssec.1) A proceeding must be started by an application in the approved form. See rule 4 .\n(sec.8-ssec.2) However, subrule (1) does not apply— to a proceeding started by a notice of appeal under an appeal Act; or if the court, commission, registrar or these rules require otherwise; or to a proceeding started on the initiative of the commission or registrar; or For proceedings started on the initiative of the commission, see rule 99 . to a proceeding started as directed by the Minister under the Act ; or to a proceeding arising out of the giving of a notice of industrial dispute under section 261 of the Act ; or to a proceeding started by a complaint referral.\n(sec.8-ssec.3) For these rules, each of the following is a document starting a proceeding— an application to appeal; a notice of appeal under an appeal Act; a complaint referral.\n(sec.8-ssec.4) A notice of appeal under an appeal Act must— for an appeal to the commission under the Workers’ Compensation and Rehabilitation Act 2003 —be in the WCR approved form; or otherwise—be in the approved form.\n(sec.8-ssec.5) A complaint referral must be in the approved form.\n(sec.8-ssec.6) A proceeding, other than a proceeding started by a notice of appeal under an appeal Act or an application for a WHS review, starts when the document starting the proceeding— is filed or otherwise received under the Act or these rules; or for a document issued by the court, commission or registrar—is issued. A proceeding started by a notice of appeal under an appeal Act, or an application for a WHS review under the Work Health and Safety Act 2011 , starts as provided under that Act.\n(sec.8-ssec.7) In this rule— WCR approved form means an approved form for use for notices of appeal to the commission under the Workers’ Compensation and Rehabilitation Act 2003 .\n- (a) to a proceeding started by a notice of appeal under an appeal Act; or\n- (b) if the court, commission, registrar or these rules require otherwise; or\n- (c) to a proceeding started on the initiative of the commission or registrar; or Note— For proceedings started on the initiative of the commission, see rule 99 .\n- (d) to a proceeding started as directed by the Minister under the Act ; or\n- (e) to a proceeding arising out of the giving of a notice of industrial dispute under section 261 of the Act ; or\n- (f) to a proceeding started by a complaint referral.\n- (a) an application to appeal;\n- (b) a notice of appeal under an appeal Act;\n- (c) a complaint referral.\n- (a) for an appeal to the commission under the Workers’ Compensation and Rehabilitation Act 2003 —be in the WCR approved form; or\n- (b) otherwise—be in the approved form.\n- (a) is filed or otherwise received under the Act or these rules; or\n- (b) for a document issued by the court, commission or registrar—is issued. Notes— A proceeding started by a notice of appeal under an appeal Act, or an application for a WHS review under the Work Health and Safety Act 2011 , starts as provided under that Act.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Who has carriage of proceeding","content":"### sec.9 Who has carriage of proceeding\n\nAn applicant has carriage of a proceeding unless—\nthe court, commission or registrar orders another person to have the carriage; or\nthe court or commission orders the registrar to have the carriage.\nThe person who has carriage of a proceeding must take all necessary steps in the proceeding until the proceeding is—\ndiscontinued by leave of the court, commission or registrar; or\nfinally determined by the court, commission or registrar.\n(sec.9-ssec.1) An applicant has carriage of a proceeding unless— the court, commission or registrar orders another person to have the carriage; or the court or commission orders the registrar to have the carriage.\n(sec.9-ssec.2) The person who has carriage of a proceeding must take all necessary steps in the proceeding until the proceeding is— discontinued by leave of the court, commission or registrar; or finally determined by the court, commission or registrar.\n- (a) the court, commission or registrar orders another person to have the carriage; or\n- (b) the court or commission orders the registrar to have the carriage.\n- (a) discontinued by leave of the court, commission or registrar; or\n- (b) finally determined by the court, commission or registrar.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Form of applications","content":"### sec.10 Form of applications\n\nAn application must—\nbe divided into consecutively numbered paragraphs, each detailing, as far as is convenient, a separate matter; and\nname the relevant provisions of any legislation or industrial instrument that relates to the application; and\nstate the relief or orders sought; and\nstate any directions required to expedite the proceeding.\nr 10 amd 2017 SL No. 26 s 7 ; 2021 SL No. 10 s 4\n- (a) be divided into consecutively numbered paragraphs, each detailing, as far as is convenient, a separate matter; and\n- (b) name the relevant provisions of any legislation or industrial instrument that relates to the application; and\n- (c) state the relief or orders sought; and\n- (d) state any directions required to expedite the proceeding.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":null,"content":"### Section sec.11\n\nr 11 om 2021 SL No. 10 s 5","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Document starting proceeding, or application in existing proceeding, to state contact details","content":"### sec.12 Document starting proceeding, or application in existing proceeding, to state contact details\n\nUnless otherwise provided by these rules, a document starting a proceeding, or an application in an existing proceeding, must not be filed unless it states—\nthe applicant’s residential or business address; and\nthe applicant’s telephone number (if any); and\nif the applicant has no telephone number—a way of contacting the applicant by telephone; and\nthe applicant’s fax number (if any); and\nthe applicant’s email address (if any).\nIf a lawyer or agent acts for the applicant, a document starting a proceeding, or an application in an existing proceeding, must not be filed unless it states—\nthe name of—\nthe lawyer, and if the lawyer practises in a firm of lawyers, the name of the firm; or\nthe agent, and if the agent is employed by a business or corporation or operates under a business name, the name of the business or corporation or the business name; and\nthe address of—\nthe lawyer’s place of business; or\nthe agent’s—\nif the agent has a place of business—place of business; or\notherwise—place of residence; and\nif the address under paragraph (b) is not the applicant’s address for service or is not a Queensland address—an address for service in Queensland; and\nthe lawyer’s or agent’s telephone number, email address and fax number (if any).\nUnder rule 125 , a notice of appointment of agent must be filed and served on all parties to the proceeding. Under rule 126 , a lawyer representing a party or person in the proceeding must file and serve a notice of address for service on all parties to the proceeding.\nr 12 amd 2021 SL No. 10 s 6 ; 2023 SL No. 157 s 3\n(sec.12-ssec.1) Unless otherwise provided by these rules, a document starting a proceeding, or an application in an existing proceeding, must not be filed unless it states— the applicant’s residential or business address; and the applicant’s telephone number (if any); and if the applicant has no telephone number—a way of contacting the applicant by telephone; and the applicant’s fax number (if any); and the applicant’s email address (if any).\n(sec.12-ssec.2) If a lawyer or agent acts for the applicant, a document starting a proceeding, or an application in an existing proceeding, must not be filed unless it states— the name of— the lawyer, and if the lawyer practises in a firm of lawyers, the name of the firm; or the agent, and if the agent is employed by a business or corporation or operates under a business name, the name of the business or corporation or the business name; and the address of— the lawyer’s place of business; or the agent’s— if the agent has a place of business—place of business; or otherwise—place of residence; and if the address under paragraph (b) is not the applicant’s address for service or is not a Queensland address—an address for service in Queensland; and the lawyer’s or agent’s telephone number, email address and fax number (if any). Under rule 125 , a notice of appointment of agent must be filed and served on all parties to the proceeding. Under rule 126 , a lawyer representing a party or person in the proceeding must file and serve a notice of address for service on all parties to the proceeding.\n- (a) the applicant’s residential or business address; and\n- (b) the applicant’s telephone number (if any); and\n- (c) if the applicant has no telephone number—a way of contacting the applicant by telephone; and\n- (d) the applicant’s fax number (if any); and\n- (e) the applicant’s email address (if any).\n- (a) the name of— (i) the lawyer, and if the lawyer practises in a firm of lawyers, the name of the firm; or (ii) the agent, and if the agent is employed by a business or corporation or operates under a business name, the name of the business or corporation or the business name; and\n- (i) the lawyer, and if the lawyer practises in a firm of lawyers, the name of the firm; or\n- (ii) the agent, and if the agent is employed by a business or corporation or operates under a business name, the name of the business or corporation or the business name; and\n- (b) the address of— (i) the lawyer’s place of business; or (ii) the agent’s— (A) if the agent has a place of business—place of business; or (B) otherwise—place of residence; and\n- (i) the lawyer’s place of business; or\n- (ii) the agent’s— (A) if the agent has a place of business—place of business; or (B) otherwise—place of residence; and\n- (A) if the agent has a place of business—place of business; or\n- (B) otherwise—place of residence; and\n- (c) if the address under paragraph (b) is not the applicant’s address for service or is not a Queensland address—an address for service in Queensland; and\n- (d) the lawyer’s or agent’s telephone number, email address and fax number (if any).\n- (i) the lawyer, and if the lawyer practises in a firm of lawyers, the name of the firm; or\n- (ii) the agent, and if the agent is employed by a business or corporation or operates under a business name, the name of the business or corporation or the business name; and\n- (i) the lawyer’s place of business; or\n- (ii) the agent’s— (A) if the agent has a place of business—place of business; or (B) otherwise—place of residence; and\n- (A) if the agent has a place of business—place of business; or\n- (B) otherwise—place of residence; and\n- (A) if the agent has a place of business—place of business; or\n- (B) otherwise—place of residence; and","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"General requirements for documents for filing","content":"### sec.13 General requirements for documents for filing\n\nUnless these rules provide otherwise, a document for filing must—\nbe on A4 (210mm x 297mm) paper; and\nbe on 1 side of the page only; and\nif typewritten—\nbe in Times New Roman font; and\nbe in 11 point font size; and\nhave only fully justified text; and\nif not typewritten—be printed in upper case letters; and\nbe clearly legible; and\nbe well spaced and divided into convenient paragraphs; and\nhave paragraphs numbered on the inner edge of the margin for each new topic; and\nhave a 2cm margin on each side; and\nbe numbered consecutively on each page; and\nnot contain a logo or other embellishment; and\nstate a short description of the nature of the document; and\nif the party or person ordered or permitted to appear or to be represented in the proceeding is represented by an agent—be accompanied by a notice of appointment of agent under rule 125 ; and\ncontain the information, including the applicant’s address for service, required under rule 12 .\nHowever, if the address for service is changed under these rules, a document filed after the change must state the new address for service instead of the original address.\nIf an imaged document is to be electronically filed—\nthe paper form of the document from which the imaged document is created must comply with subrule (1) ; and\nthe imaged document must be formatted in a way that would result in the document complying with subrule (1) if a paper copy were made of the imaged document.\nIf a document, other than an imaged document, is to be electronically filed, the document must be formatted in a way that would result in the document complying with subrule (1) if a paper copy were made of the document.\nIn this rule—\nimaged document means a document in electronic form created by scanning or otherwise imaging the document in its paper form.\nr 13 amd 2021 SL No. 10 s 7\n(sec.13-ssec.1) Unless these rules provide otherwise, a document for filing must— be on A4 (210mm x 297mm) paper; and be on 1 side of the page only; and if typewritten— be in Times New Roman font; and be in 11 point font size; and have only fully justified text; and if not typewritten—be printed in upper case letters; and be clearly legible; and be well spaced and divided into convenient paragraphs; and have paragraphs numbered on the inner edge of the margin for each new topic; and have a 2cm margin on each side; and be numbered consecutively on each page; and not contain a logo or other embellishment; and state a short description of the nature of the document; and if the party or person ordered or permitted to appear or to be represented in the proceeding is represented by an agent—be accompanied by a notice of appointment of agent under rule 125 ; and contain the information, including the applicant’s address for service, required under rule 12 .\n(sec.13-ssec.2) However, if the address for service is changed under these rules, a document filed after the change must state the new address for service instead of the original address.\n(sec.13-ssec.3) If an imaged document is to be electronically filed— the paper form of the document from which the imaged document is created must comply with subrule (1) ; and the imaged document must be formatted in a way that would result in the document complying with subrule (1) if a paper copy were made of the imaged document.\n(sec.13-ssec.4) If a document, other than an imaged document, is to be electronically filed, the document must be formatted in a way that would result in the document complying with subrule (1) if a paper copy were made of the document.\n(sec.13-ssec.5) In this rule— imaged document means a document in electronic form created by scanning or otherwise imaging the document in its paper form.\n- (a) be on A4 (210mm x 297mm) paper; and\n- (b) be on 1 side of the page only; and\n- (c) if typewritten— (i) be in Times New Roman font; and (ii) be in 11 point font size; and (iii) have only fully justified text; and\n- (i) be in Times New Roman font; and\n- (ii) be in 11 point font size; and\n- (iii) have only fully justified text; and\n- (d) if not typewritten—be printed in upper case letters; and\n- (e) be clearly legible; and\n- (f) be well spaced and divided into convenient paragraphs; and\n- (g) have paragraphs numbered on the inner edge of the margin for each new topic; and\n- (h) have a 2cm margin on each side; and\n- (i) be numbered consecutively on each page; and\n- (j) not contain a logo or other embellishment; and\n- (k) state a short description of the nature of the document; and\n- (l) if the party or person ordered or permitted to appear or to be represented in the proceeding is represented by an agent—be accompanied by a notice of appointment of agent under rule 125 ; and\n- (m) contain the information, including the applicant’s address for service, required under rule 12 .\n- (i) be in Times New Roman font; and\n- (ii) be in 11 point font size; and\n- (iii) have only fully justified text; and\n- (a) the paper form of the document from which the imaged document is created must comply with subrule (1) ; and\n- (b) the imaged document must be formatted in a way that would result in the document complying with subrule (1) if a paper copy were made of the imaged document.","sortOrder":16},{"sectionNumber":"sec.13A","sectionType":"section","heading":"Signing of particular documents for filing","content":"### sec.13A Signing of particular documents for filing\n\nUnless these rules or a directions order of the court, commission or registrar otherwise requires, a document, other than a written submission or an affidavit or exhibit attached to another document, for filing by a party must be dated and signed by—\nthe party; or\nif the party has a lawyer or agent—the lawyer or agent.\nA requirement under these rules to sign a document may be satisfied for a document, other than a statutory declaration, in electronic form—\nif the document is an approved form—by signing in the way required by the approved form; or\notherwise—by attaching the person’s signature to the document by electronic means by, or at the direction of, the person required to sign the document.\nr 13A ins 2021 SL No. 10 s 8\n(sec.13A-ssec.1) Unless these rules or a directions order of the court, commission or registrar otherwise requires, a document, other than a written submission or an affidavit or exhibit attached to another document, for filing by a party must be dated and signed by— the party; or if the party has a lawyer or agent—the lawyer or agent.\n(sec.13A-ssec.2) A requirement under these rules to sign a document may be satisfied for a document, other than a statutory declaration, in electronic form— if the document is an approved form—by signing in the way required by the approved form; or otherwise—by attaching the person’s signature to the document by electronic means by, or at the direction of, the person required to sign the document.\n- (a) the party; or\n- (b) if the party has a lawyer or agent—the lawyer or agent.\n- (a) if the document is an approved form—by signing in the way required by the approved form; or\n- (b) otherwise—by attaching the person’s signature to the document by electronic means by, or at the direction of, the person required to sign the document.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Filing of documents","content":"### sec.14 Filing of documents\n\nA document is filed when the appropriate fee (if any) is paid and the document is stamped in the registry.\nThe registrar may refuse to accept a document for filing, or refuse to accept another document otherwise given to the registrar, if the document does not comply with—\nthe Act ; or\nan enabling Act; or\nthese rules; or\na practice direction issued under these rules.\nSee, for example, sections 261 , 644 and 676 of the Act for when the registrar may be given a document other than for filing.\nr 14 amd 2017 SL No. 26 s 8 ; 2021 SL No. 10 s 9\n(sec.14-ssec.1) A document is filed when the appropriate fee (if any) is paid and the document is stamped in the registry.\n(sec.14-ssec.2) The registrar may refuse to accept a document for filing, or refuse to accept another document otherwise given to the registrar, if the document does not comply with— the Act ; or an enabling Act; or these rules; or a practice direction issued under these rules. See, for example, sections 261 , 644 and 676 of the Act for when the registrar may be given a document other than for filing.\n- (a) the Act ; or\n- (b) an enabling Act; or\n- (c) these rules; or\n- (d) a practice direction issued under these rules.","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Ways of filing","content":"### sec.15 Ways of filing\n\nExcept as otherwise provided under these rules, a document may be filed—\nby delivering it to the registry; or\nby posting it to the registry with a written request that the document be filed; or\nby transmitting it to the registry by fax, email or another method, subject to the fee, if any, being paid; or\nfor an appeal from a decision of a magistrate—as required under rule 144 .\nr 15 amd 2021 SL No. 10 s 10\n- (a) by delivering it to the registry; or\n- (b) by posting it to the registry with a written request that the document be filed; or\n- (c) by transmitting it to the registry by fax, email or another method, subject to the fee, if any, being paid; or\n- (d) for an appeal from a decision of a magistrate—as required under rule 144 .","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Document becomes a record on filing","content":"### sec.16 Document becomes a record on filing\n\nA document becomes a record of the court or commission, and may be used before the court, commission or registrar, only if it has been filed.\nSubrule (1) applies unless the court, commission or registrar otherwise allows.\n(sec.16-ssec.1) A document becomes a record of the court or commission, and may be used before the court, commission or registrar, only if it has been filed.\n(sec.16-ssec.2) Subrule (1) applies unless the court, commission or registrar otherwise allows.","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Change of address for service","content":"### sec.17 Change of address for service\n\nNotice of any change in a party’s address for service must be filed and served on all other parties to the proceeding immediately after the change.","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Amending an application before hearing","content":"### sec.18 Amending an application before hearing\n\nAn application may be amended, before the hearing of the application, by the applicant filing an amended application that incorporates the amendments.\nThe amended application must replace the whole of the application.\nThe registrar may make a directions order if the registrar considers it necessary because of the amended application.\n(sec.18-ssec.1) An application may be amended, before the hearing of the application, by the applicant filing an amended application that incorporates the amendments.\n(sec.18-ssec.2) The amended application must replace the whole of the application.\n(sec.18-ssec.3) The registrar may make a directions order if the registrar considers it necessary because of the amended application.","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Form of amendments","content":"### sec.19 Form of amendments\n\nAn amendment must be distinguished from the original text by—\nif text is being added—underlining or shading the added text; or\nif text is being deleted—crossing out the deleted text.\nAn amended application must be in the approved form.\n(sec.19-ssec.1) An amendment must be distinguished from the original text by— if text is being added—underlining or shading the added text; or if text is being deleted—crossing out the deleted text.\n(sec.19-ssec.2) An amended application must be in the approved form.\n- (a) if text is being added—underlining or shading the added text; or\n- (b) if text is being deleted—crossing out the deleted text.","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Amending an application during hearing","content":"### sec.20 Amending an application during hearing\n\nAfter the hearing of an application has started, an applicant may apply to the court, commission or registrar hearing the application for leave to amend the application.\nIf the proposed amendments substantially alter the scope and nature of the claim, the applicant must file an amended application that incorporates the proposed amendments.\nAn amendment may be allowed or disallowed on the terms the court, commission or registrar considers appropriate.\n(sec.20-ssec.1) After the hearing of an application has started, an applicant may apply to the court, commission or registrar hearing the application for leave to amend the application.\n(sec.20-ssec.2) If the proposed amendments substantially alter the scope and nature of the claim, the applicant must file an amended application that incorporates the proposed amendments.\n(sec.20-ssec.3) An amendment may be allowed or disallowed on the terms the court, commission or registrar considers appropriate.","sortOrder":24},{"sectionNumber":"sec.21","sectionType":"section","heading":"Serving amended application","content":"### sec.21 Serving amended application\n\nThe applicant must serve an amended application on each other party to the proceeding as soon as practicable after the amended application is filed, but at least 7 clear days before the hearing.\nIf, when the amended application is filed, the original application has not been served on a party to the proceeding or a party required to be served under a directions order of the court, commission or registrar, the party must also be served with the original application.\nThe court, commission or registrar may dispense with service of an amended application or give directions about service.\n(sec.21-ssec.1) The applicant must serve an amended application on each other party to the proceeding as soon as practicable after the amended application is filed, but at least 7 clear days before the hearing.\n(sec.21-ssec.2) If, when the amended application is filed, the original application has not been served on a party to the proceeding or a party required to be served under a directions order of the court, commission or registrar, the party must also be served with the original application.\n(sec.21-ssec.3) The court, commission or registrar may dispense with service of an amended application or give directions about service.","sortOrder":25},{"sectionNumber":"sec.22","sectionType":"section","heading":"Objecting to amended application","content":"### sec.22 Objecting to amended application\n\nA party served with an amended application may object to the amendment—\nby filing a response in the approved form within 7 clear days after being served; or\nif the application is scheduled for hearing within the 7 days—at the hearing.\nThe response must state—\nwhether the objection is to all or part of the proposed amended application; and\nif the objection is to part of the proposed amended application—which part; and\nconcise reasons for the objection.\nThe party must immediately serve the response on all other parties to the proceeding.\n(sec.22-ssec.1) A party served with an amended application may object to the amendment— by filing a response in the approved form within 7 clear days after being served; or if the application is scheduled for hearing within the 7 days—at the hearing.\n(sec.22-ssec.2) The response must state— whether the objection is to all or part of the proposed amended application; and if the objection is to part of the proposed amended application—which part; and concise reasons for the objection.\n(sec.22-ssec.3) The party must immediately serve the response on all other parties to the proceeding.\n- (a) by filing a response in the approved form within 7 clear days after being served; or\n- (b) if the application is scheduled for hearing within the 7 days—at the hearing.\n- (a) whether the objection is to all or part of the proposed amended application; and\n- (b) if the objection is to part of the proposed amended application—which part; and\n- (c) concise reasons for the objection.","sortOrder":26},{"sectionNumber":"sec.23","sectionType":"section","heading":"Determination of amended application","content":"### sec.23 Determination of amended application\n\nIf a party objects to all or part of an amended application, the court, commission or registrar may, after hearing the objecting party, allow or disallow the proposed amendment.\nThe court, commission or registrar may make the decision on the terms the court, commission or registrar considers appropriate.\nr 23 amd 2021 SL No. 10 s 11\n(sec.23-ssec.1) If a party objects to all or part of an amended application, the court, commission or registrar may, after hearing the objecting party, allow or disallow the proposed amendment.\n(sec.23-ssec.2) The court, commission or registrar may make the decision on the terms the court, commission or registrar considers appropriate.","sortOrder":27},{"sectionNumber":"sec.24","sectionType":"section","heading":"Who is to be served","content":"### sec.24 Who is to be served\n\nThe party by or for whom a document is filed or issued in a proceeding must serve the document on each other party to the proceeding.\nSubrule (1) does not apply if—\nthe court, commission, or registrar otherwise directs; or\nthe Act or these rules provide otherwise.\n(sec.24-ssec.1) The party by or for whom a document is filed or issued in a proceeding must serve the document on each other party to the proceeding.\n(sec.24-ssec.2) Subrule (1) does not apply if— the court, commission, or registrar otherwise directs; or the Act or these rules provide otherwise.\n- (a) the court, commission, or registrar otherwise directs; or\n- (b) the Act or these rules provide otherwise.","sortOrder":28},{"sectionNumber":"sec.25","sectionType":"section","heading":"Time for service","content":"### sec.25 Time for service\n\nUnless these rules otherwise provide, a document required under these rules to be served must be served as soon as practicable, but at least 3 business days, before—\nthe return day stated in the document; or\nthe day on which it is proposed to apply.\nDespite subrule (1) , the court, commission or registrar may direct that a document be served in a shorter time.\n(sec.25-ssec.1) Unless these rules otherwise provide, a document required under these rules to be served must be served as soon as practicable, but at least 3 business days, before— the return day stated in the document; or the day on which it is proposed to apply.\n(sec.25-ssec.2) Despite subrule (1) , the court, commission or registrar may direct that a document be served in a shorter time.\n- (a) the return day stated in the document; or\n- (b) the day on which it is proposed to apply.","sortOrder":29},{"sectionNumber":"sec.26","sectionType":"section","heading":"Service not allowed on certain days","content":"### sec.26 Service not allowed on certain days\n\nA person can not serve a document on Good Friday or Christmas Day unless the court, commission or registrar otherwise orders.","sortOrder":30},{"sectionNumber":"sec.27","sectionType":"section","heading":"Service after 4p.m.","content":"### sec.27 Service after 4p.m.\n\nIf a document is served on a person after 4p.m., the document is taken to have been served on the next day.","sortOrder":31},{"sectionNumber":"sec.28","sectionType":"section","heading":"Service of documents","content":"### sec.28 Service of documents\n\nThe following are the ways by which a document may be served on the person to be served—\npersonal service under rule 29 ;\nfor an industrial organisation—giving the document to the secretary of the industrial organisation;\nleaving the document with someone who is apparently an adult living at the relevant address;\nif there is no-one at the relevant address—leaving the document at the relevant address in a position where it is reasonably likely to come to the person’s attention;\nif the relevant address is within a building or area to which the person serving the document has been denied access—leaving the document at the building or area in a position where it is reasonably likely to come to the person’s attention;\nposting the document to the relevant address;\nFor the meaning of service by post see the Acts Interpretation Act 1954 , section 39A .\nif the person has given—\na fax number under these rules—faxing the document to the person; or\nan email address for service of documents in the proceeding—emailing the document to the person;\nif a proceeding is brought against the person in relation to a business carried on by the person under a name other than the person’s name—leaving the document at the person’s place of business with a person who appears to have control or management of the business at the place.\nThe charge for service under this rule must be paid by the party required to serve the document.\nIn this rule—\nrelevant address , of a person to be served, means—\nthe person’s address for service; or\nfor an individual who does not have an address for service—\nthe individual’s last known place of business or residence; or\nif the proceeding is brought by or against an individual in the name of a partnership—the principal or last known place of business of the partnership; or\nfor a corporation or industrial organisation that does not have an address for service—its head office or its principal or registered office.\nr 28 amd 2013 SL No. 73 s 5 ; 2017 SL No. 26 s 9 ; 2021 SL No. 10 s 12 ; 2023 SL No. 157 s 4\n(sec.28-ssec.1) The following are the ways by which a document may be served on the person to be served— personal service under rule 29 ; for an industrial organisation—giving the document to the secretary of the industrial organisation; leaving the document with someone who is apparently an adult living at the relevant address; if there is no-one at the relevant address—leaving the document at the relevant address in a position where it is reasonably likely to come to the person’s attention; if the relevant address is within a building or area to which the person serving the document has been denied access—leaving the document at the building or area in a position where it is reasonably likely to come to the person’s attention; posting the document to the relevant address; For the meaning of service by post see the Acts Interpretation Act 1954 , section 39A . if the person has given— a fax number under these rules—faxing the document to the person; or an email address for service of documents in the proceeding—emailing the document to the person; if a proceeding is brought against the person in relation to a business carried on by the person under a name other than the person’s name—leaving the document at the person’s place of business with a person who appears to have control or management of the business at the place.\n(sec.28-ssec.2) The charge for service under this rule must be paid by the party required to serve the document.\n(sec.28-ssec.3) In this rule— relevant address , of a person to be served, means— the person’s address for service; or for an individual who does not have an address for service— the individual’s last known place of business or residence; or if the proceeding is brought by or against an individual in the name of a partnership—the principal or last known place of business of the partnership; or for a corporation or industrial organisation that does not have an address for service—its head office or its principal or registered office.\n- (a) personal service under rule 29 ;\n- (b) for an industrial organisation—giving the document to the secretary of the industrial organisation;\n- (c) leaving the document with someone who is apparently an adult living at the relevant address;\n- (d) if there is no-one at the relevant address—leaving the document at the relevant address in a position where it is reasonably likely to come to the person’s attention;\n- (e) if the relevant address is within a building or area to which the person serving the document has been denied access—leaving the document at the building or area in a position where it is reasonably likely to come to the person’s attention;\n- (f) posting the document to the relevant address; Note— For the meaning of service by post see the Acts Interpretation Act 1954 , section 39A .\n- (g) if the person has given— (i) a fax number under these rules—faxing the document to the person; or (ii) an email address for service of documents in the proceeding—emailing the document to the person;\n- (i) a fax number under these rules—faxing the document to the person; or\n- (ii) an email address for service of documents in the proceeding—emailing the document to the person;\n- (h) if a proceeding is brought against the person in relation to a business carried on by the person under a name other than the person’s name—leaving the document at the person’s place of business with a person who appears to have control or management of the business at the place.\n- (i) a fax number under these rules—faxing the document to the person; or\n- (ii) an email address for service of documents in the proceeding—emailing the document to the person;\n- (a) the person’s address for service; or\n- (b) for an individual who does not have an address for service— (i) the individual’s last known place of business or residence; or (ii) if the proceeding is brought by or against an individual in the name of a partnership—the principal or last known place of business of the partnership; or\n- (i) the individual’s last known place of business or residence; or\n- (ii) if the proceeding is brought by or against an individual in the name of a partnership—the principal or last known place of business of the partnership; or\n- (c) for a corporation or industrial organisation that does not have an address for service—its head office or its principal or registered office.\n- (i) the individual’s last known place of business or residence; or\n- (ii) if the proceeding is brought by or against an individual in the name of a partnership—the principal or last known place of business of the partnership; or","sortOrder":32},{"sectionNumber":"sec.29","sectionType":"section","heading":"How personal service is performed","content":"### sec.29 How personal service is performed\n\nTo serve a document personally, the person serving it must give the document, or a copy of the document, to the person intended to be served.\nHowever, if the person does not accept the document or copy, the party serving it may serve it by putting it down in the person’s presence and telling the person what it is.\nIt is not necessary to show the original of the document to the person served.\n(sec.29-ssec.1) To serve a document personally, the person serving it must give the document, or a copy of the document, to the person intended to be served.\n(sec.29-ssec.2) However, if the person does not accept the document or copy, the party serving it may serve it by putting it down in the person’s presence and telling the person what it is.\n(sec.29-ssec.3) It is not necessary to show the original of the document to the person served.","sortOrder":33},{"sectionNumber":"sec.30","sectionType":"section","heading":"Service of directions order on party","content":"### sec.30 Service of directions order on party\n\nThe registrar may serve a copy of a directions order on the party who applied for the directions order by any of the following means—\nif the party has given an email address under these rules—emailing the order to the party;\nif the party has given a fax number under these rules—faxing the order to the party;\nposting the order to—\nthe party’s address for service; or\nfor a party who is an individual who does not have an address for service—\nthe party’s last known place of business or residence; or\nif the proceeding is brought by or against the party in the name of a partnership—the principal or last known place of business of the partnership; or\nfor a party that is a corporation or industrial organisation that does not have an address for service—its head office or its principal or registered office;\ngiving the order to the party by an electronic means stated in a practice direction issued under these rules.\nr 30 amd 2021 SL No. 10 s 13 ; 2023 SL No. 157 s 5\n- (a) if the party has given an email address under these rules—emailing the order to the party;\n- (b) if the party has given a fax number under these rules—faxing the order to the party;\n- (c) posting the order to— (i) the party’s address for service; or (ii) for a party who is an individual who does not have an address for service— (A) the party’s last known place of business or residence; or (B) if the proceeding is brought by or against the party in the name of a partnership—the principal or last known place of business of the partnership; or (iii) for a party that is a corporation or industrial organisation that does not have an address for service—its head office or its principal or registered office;\n- (i) the party’s address for service; or\n- (ii) for a party who is an individual who does not have an address for service— (A) the party’s last known place of business or residence; or (B) if the proceeding is brought by or against the party in the name of a partnership—the principal or last known place of business of the partnership; or\n- (A) the party’s last known place of business or residence; or\n- (B) if the proceeding is brought by or against the party in the name of a partnership—the principal or last known place of business of the partnership; or\n- (iii) for a party that is a corporation or industrial organisation that does not have an address for service—its head office or its principal or registered office;\n- (d) giving the order to the party by an electronic means stated in a practice direction issued under these rules.\n- (i) the party’s address for service; or\n- (ii) for a party who is an individual who does not have an address for service— (A) the party’s last known place of business or residence; or (B) if the proceeding is brought by or against the party in the name of a partnership—the principal or last known place of business of the partnership; or\n- (A) the party’s last known place of business or residence; or\n- (B) if the proceeding is brought by or against the party in the name of a partnership—the principal or last known place of business of the partnership; or\n- (iii) for a party that is a corporation or industrial organisation that does not have an address for service—its head office or its principal or registered office;\n- (A) the party’s last known place of business or residence; or\n- (B) if the proceeding is brought by or against the party in the name of a partnership—the principal or last known place of business of the partnership; or","sortOrder":34},{"sectionNumber":"sec.31","sectionType":"section","heading":"Service by an officer of the court","content":"### sec.31 Service by an officer of the court\n\nA document required under these rules to be served by the registrar may be served by the registrar or an officer of the court.","sortOrder":35},{"sectionNumber":"sec.32","sectionType":"section","heading":"Substituted service or notice of document","content":"### sec.32 Substituted service or notice of document\n\nAn application for an order under section 528 (2) of the Act must be in the approved form.\nThe court, commission or registrar may state in an order made under section 528 (2) (b) of the Act the steps to be taken, instead of service, for bringing the document to the attention of the person to be served.\nr 32 sub 2017 SL No. 26 s 10\n(sec.32-ssec.1) An application for an order under section 528 (2) of the Act must be in the approved form.\n(sec.32-ssec.2) The court, commission or registrar may state in an order made under section 528 (2) (b) of the Act the steps to be taken, instead of service, for bringing the document to the attention of the person to be served.","sortOrder":36},{"sectionNumber":"sec.33","sectionType":"section","heading":"Informal service","content":"### sec.33 Informal service\n\nThis rule applies if—\nfor any reason, a document is not served under section 528 of the Act or this subdivision, but the person to be served has otherwise come into possession of the document or a copy of it; and\nthe court, commission or registrar is satisfied on evidence before it that the document came into the person’s possession.\nThe court, commission or registrar may, by order, decide that the possession of the document is service for these rules on the day it came into the person’s possession or another day stated in the order.\nr 33 sub 2017 SL No. 26 s 10\n(sec.33-ssec.1) This rule applies if— for any reason, a document is not served under section 528 of the Act or this subdivision, but the person to be served has otherwise come into possession of the document or a copy of it; and the court, commission or registrar is satisfied on evidence before it that the document came into the person’s possession.\n(sec.33-ssec.2) The court, commission or registrar may, by order, decide that the possession of the document is service for these rules on the day it came into the person’s possession or another day stated in the order.\n- (a) for any reason, a document is not served under section 528 of the Act or this subdivision, but the person to be served has otherwise come into possession of the document or a copy of it; and\n- (b) the court, commission or registrar is satisfied on evidence before it that the document came into the person’s possession.","sortOrder":37},{"sectionNumber":"sec.34","sectionType":"section","heading":"Service on agent","content":"### sec.34 Service on agent\n\nThis rule applies if—\na person living or carrying on business outside Queensland (the principal ) enters into a contract in Queensland through an agent living or carrying on business in Queensland; and\na proceeding arises out of the contract.\nThe court, commission or registrar may, without deciding the agent’s authority or business relationship with the principal, give leave for the document starting the proceeding to be served on the agent.\nThe party serving the document on the agent must immediately send the principal a copy of the order and the document starting the proceeding.\nThe documents required to be sent under subrule (3) must be sent to the principal’s address outside Queensland by post.\n(sec.34-ssec.1) This rule applies if— a person living or carrying on business outside Queensland (the principal ) enters into a contract in Queensland through an agent living or carrying on business in Queensland; and a proceeding arises out of the contract.\n(sec.34-ssec.2) The court, commission or registrar may, without deciding the agent’s authority or business relationship with the principal, give leave for the document starting the proceeding to be served on the agent.\n(sec.34-ssec.3) The party serving the document on the agent must immediately send the principal a copy of the order and the document starting the proceeding.\n(sec.34-ssec.4) The documents required to be sent under subrule (3) must be sent to the principal’s address outside Queensland by post.\n- (a) a person living or carrying on business outside Queensland (the principal ) enters into a contract in Queensland through an agent living or carrying on business in Queensland; and\n- (b) a proceeding arises out of the contract.","sortOrder":38},{"sectionNumber":"sec.35","sectionType":"section","heading":"Service by agreement","content":"### sec.35 Service by agreement\n\nThis rule applies if, before or after a proceeding starts, the parties to the proceeding agree that a document relating to the proceeding may be served on a party, or someone else for the party, in a way or at a place, in Queensland or elsewhere, stated in the agreement.\nThe document may be served in accordance with the agreement.\n(sec.35-ssec.1) This rule applies if, before or after a proceeding starts, the parties to the proceeding agree that a document relating to the proceeding may be served on a party, or someone else for the party, in a way or at a place, in Queensland or elsewhere, stated in the agreement.\n(sec.35-ssec.2) The document may be served in accordance with the agreement.","sortOrder":39},{"sectionNumber":"sec.36","sectionType":"section","heading":null,"content":"### Section sec.36\n\nr 36 om 2021 SL No. 10 s 14","sortOrder":40},{"sectionNumber":"sec.37","sectionType":"section","heading":null,"content":"### Section sec.37\n\nr 37 om 2021 SL No. 10 s 14","sortOrder":41},{"sectionNumber":"sec.38","sectionType":"section","heading":"Identity of person served","content":"### sec.38 Identity of person served\n\nFor proving service, a statement by a person of his or her identity or that he or she holds a particular office or position is evidence of the identity or that the person holds the office or position.","sortOrder":42},{"sectionNumber":"sec.38A","sectionType":"section","heading":"Special requirements for service by email","content":"### sec.38A Special requirements for service by email\n\nA document served by email must state the following in the body of the email—\nthe sender’s name and address;\nthe name of the person to be served;\nthe date and time of transmission;\nthe total number of pages of the document transmitted, including any cover page attached to the document;\nthe email address from which the document is transmitted;\nthe name and telephone number of a person to contact if there is a problem with the transmission;\nthat the transmission is for service under a stated rule or directions order.\nr 38A ins 2021 SL No. 10 s 15\n- (a) the sender’s name and address;\n- (b) the name of the person to be served;\n- (c) the date and time of transmission;\n- (d) the total number of pages of the document transmitted, including any cover page attached to the document;\n- (e) the email address from which the document is transmitted;\n- (f) the name and telephone number of a person to contact if there is a problem with the transmission;\n- (g) that the transmission is for service under a stated rule or directions order.","sortOrder":43},{"sectionNumber":"sec.39","sectionType":"section","heading":"Special requirements for service by fax","content":"### sec.39 Special requirements for service by fax\n\nA document served by fax must include a cover page stating the following—\nthe sender’s name and address;\nthe name of the person to be served;\nthe date and time of transmission;\nthe total number of pages, including the cover page, transmitted;\nthe telephone number from which the document is transmitted;\nthe name and telephone number of a person to contact if there is a problem with the transmission;\nthat the transmission is for service under a stated rule or directions order.\nr 39 amd 2021 SL No. 10 s 16\n- (a) the sender’s name and address;\n- (b) the name of the person to be served;\n- (c) the date and time of transmission;\n- (d) the total number of pages, including the cover page, transmitted;\n- (e) the telephone number from which the document is transmitted;\n- (f) the name and telephone number of a person to contact if there is a problem with the transmission;\n- (g) that the transmission is for service under a stated rule or directions order.","sortOrder":44},{"sectionNumber":"sec.40","sectionType":"section","heading":"Service outside Queensland","content":"### sec.40 Service outside Queensland\n\nThis rule applies to service of a document outside Queensland but within Australia.\nThe document must be served under the Service and Execution of Process Act 1992 (Cwlth) .\n(sec.40-ssec.1) This rule applies to service of a document outside Queensland but within Australia.\n(sec.40-ssec.2) The document must be served under the Service and Execution of Process Act 1992 (Cwlth) .","sortOrder":45},{"sectionNumber":"sec.41","sectionType":"section","heading":"Directions orders","content":"### sec.41 Directions orders\n\nThe court, commission or registrar may make an order (a directions order ) about the conduct of a proceeding on the application of a party or on the initiative of the court, commission or registrar.\nA directions order may, for example, relate to the following—\nthe parties who are to be served with applications, related material or other documents;\nrequiring evidence of the service;\nanother matter relating to service of an application;\nscheduling of conferences, mediation conferences, preliminary hearings and hearings before the court, commission or registrar;\nrequiring further and better particulars of an application;\nrequiring the applicant to file and serve all material to be relied on in support of the application by affidavit or another form;\nrequiring a party to respond to a notice to admit facts or documents;\nrequiring the respondent to file and serve material in reply;\nrequiring the applicant to file and serve material in reply;\nrequiring the parties—\nto confer to agree on matters that can be agreed on; and\nto identify points in issue; and\nto report back to the court, commission or registrar;\nrequiring the parties to file—\na written outline of submissions; or\nsubmissions about the subject matter of the application;\nrequiring—\nevidence to be given by affidavit; or\nstatements to be filed and served, in affidavit form, of the primary evidence of a witness;\nrequiring—\nthe identification of the provisions of relevant legislation or industrial instruments; and\na list of cases to be relied on to be provided;\nrequiring submissions in writing to justify the necessity to carry out inspections or hearings at other locations;\nrequiring disclosure of documents;\nrequiring inspection of documents.\nAn application for a directions order about a matter mentioned in subrule (2) (b) to (p) must be in the approved form unless the application was made in a document starting a proceeding.\nA draft of the directions order sought must be filed with the application.\n(sec.41-ssec.1) The court, commission or registrar may make an order (a directions order ) about the conduct of a proceeding on the application of a party or on the initiative of the court, commission or registrar.\n(sec.41-ssec.2) A directions order may, for example, relate to the following— the parties who are to be served with applications, related material or other documents; requiring evidence of the service; another matter relating to service of an application; scheduling of conferences, mediation conferences, preliminary hearings and hearings before the court, commission or registrar; requiring further and better particulars of an application; requiring the applicant to file and serve all material to be relied on in support of the application by affidavit or another form; requiring a party to respond to a notice to admit facts or documents; requiring the respondent to file and serve material in reply; requiring the applicant to file and serve material in reply; requiring the parties— to confer to agree on matters that can be agreed on; and to identify points in issue; and to report back to the court, commission or registrar; requiring the parties to file— a written outline of submissions; or submissions about the subject matter of the application; requiring— evidence to be given by affidavit; or statements to be filed and served, in affidavit form, of the primary evidence of a witness; requiring— the identification of the provisions of relevant legislation or industrial instruments; and a list of cases to be relied on to be provided; requiring submissions in writing to justify the necessity to carry out inspections or hearings at other locations; requiring disclosure of documents; requiring inspection of documents.\n(sec.41-ssec.3) An application for a directions order about a matter mentioned in subrule (2) (b) to (p) must be in the approved form unless the application was made in a document starting a proceeding.\n(sec.41-ssec.4) A draft of the directions order sought must be filed with the application.\n- (a) the parties who are to be served with applications, related material or other documents;\n- (b) requiring evidence of the service;\n- (c) another matter relating to service of an application;\n- (d) scheduling of conferences, mediation conferences, preliminary hearings and hearings before the court, commission or registrar;\n- (e) requiring further and better particulars of an application;\n- (f) requiring the applicant to file and serve all material to be relied on in support of the application by affidavit or another form;\n- (g) requiring a party to respond to a notice to admit facts or documents;\n- (h) requiring the respondent to file and serve material in reply;\n- (i) requiring the applicant to file and serve material in reply;\n- (j) requiring the parties— (i) to confer to agree on matters that can be agreed on; and (ii) to identify points in issue; and (iii) to report back to the court, commission or registrar;\n- (i) to confer to agree on matters that can be agreed on; and\n- (ii) to identify points in issue; and\n- (iii) to report back to the court, commission or registrar;\n- (k) requiring the parties to file— (i) a written outline of submissions; or (ii) submissions about the subject matter of the application;\n- (i) a written outline of submissions; or\n- (ii) submissions about the subject matter of the application;\n- (l) requiring— (i) evidence to be given by affidavit; or (ii) statements to be filed and served, in affidavit form, of the primary evidence of a witness;\n- (i) evidence to be given by affidavit; or\n- (ii) statements to be filed and served, in affidavit form, of the primary evidence of a witness;\n- (m) requiring— (i) the identification of the provisions of relevant legislation or industrial instruments; and (ii) a list of cases to be relied on to be provided;\n- (i) the identification of the provisions of relevant legislation or industrial instruments; and\n- (ii) a list of cases to be relied on to be provided;\n- (n) requiring submissions in writing to justify the necessity to carry out inspections or hearings at other locations;\n- (o) requiring disclosure of documents;\n- (p) requiring inspection of documents.\n- (i) to confer to agree on matters that can be agreed on; and\n- (ii) to identify points in issue; and\n- (iii) to report back to the court, commission or registrar;\n- (i) a written outline of submissions; or\n- (ii) submissions about the subject matter of the application;\n- (i) evidence to be given by affidavit; or\n- (ii) statements to be filed and served, in affidavit form, of the primary evidence of a witness;\n- (i) the identification of the provisions of relevant legislation or industrial instruments; and\n- (ii) a list of cases to be relied on to be provided;","sortOrder":46},{"sectionNumber":"sec.42","sectionType":"section","heading":"Hearing of parties","content":"### sec.42 Hearing of parties\n\nThe court, commission or registrar may hear parties to a proceeding before making a directions order if it is considered necessary or appropriate.","sortOrder":47},{"sectionNumber":"sec.43","sectionType":"section","heading":"Further directions","content":"### sec.43 Further directions\n\nAt any time after a directions order has been made, the court, commission or registrar may make a further directions order if it is considered necessary or appropriate.","sortOrder":48},{"sectionNumber":"sec.44","sectionType":"section","heading":"Hearing and deciding proceeding on application for directions","content":"### sec.44 Hearing and deciding proceeding on application for directions\n\nIf the parties agree, the court, commission or registrar may hear and decide a proceeding on an application for directions.","sortOrder":49},{"sectionNumber":"sec.45","sectionType":"section","heading":"Failure to attend or to comply with directions order","content":"### sec.45 Failure to attend or to comply with directions order\n\nThis rule applies if—\na party to a proceeding receives notice of a directions order made by the court, commission or registrar stating a time, date and place for a hearing or conference for the proceeding; and\nthe party fails to attend the hearing or conference.\nThis rule also applies if—\na party to a proceeding receives notice of a directions order made by the court, commission or registrar; and\nthe party fails to comply with the order.\nThe court, commission or registrar may—\ndismiss the proceeding; or\nmake a further directions order; or\nmake another order dealing with the proceeding that the court, commission or registrar considers appropriate, including, for example, a final order; or\nmake orders under paragraphs (b) and (c) .\n(sec.45-ssec.1) This rule applies if— a party to a proceeding receives notice of a directions order made by the court, commission or registrar stating a time, date and place for a hearing or conference for the proceeding; and the party fails to attend the hearing or conference.\n(sec.45-ssec.2) This rule also applies if— a party to a proceeding receives notice of a directions order made by the court, commission or registrar; and the party fails to comply with the order.\n(sec.45-ssec.3) The court, commission or registrar may— dismiss the proceeding; or make a further directions order; or make another order dealing with the proceeding that the court, commission or registrar considers appropriate, including, for example, a final order; or make orders under paragraphs (b) and (c) .\n- (a) a party to a proceeding receives notice of a directions order made by the court, commission or registrar stating a time, date and place for a hearing or conference for the proceeding; and\n- (b) the party fails to attend the hearing or conference.\n- (a) a party to a proceeding receives notice of a directions order made by the court, commission or registrar; and\n- (b) the party fails to comply with the order.\n- (a) dismiss the proceeding; or\n- (b) make a further directions order; or\n- (c) make another order dealing with the proceeding that the court, commission or registrar considers appropriate, including, for example, a final order; or\n- (d) make orders under paragraphs (b) and (c) .","sortOrder":50},{"sectionNumber":"sec.46","sectionType":"section","heading":"Duty of disclosure","content":"### sec.46 Duty of disclosure\n\nIf a directions order requiring disclosure of documents is made, a party must disclose any document that—\nis directly relevant to the proceeding or a matter in issue in the proceeding; and\nis in, or comes into, the possession of the party.\nA party must act under subrule (1) until the proceeding is concluded or the matter in issue is admitted, withdrawn, struck out or otherwise disposed of.\nSubrule (1) does not apply to a document in relation to which there is a valid claim to privilege from disclosure.\nr 46 amd 2021 SL No. 10 s 17\n(sec.46-ssec.1) If a directions order requiring disclosure of documents is made, a party must disclose any document that— is directly relevant to the proceeding or a matter in issue in the proceeding; and is in, or comes into, the possession of the party.\n(sec.46-ssec.2) A party must act under subrule (1) until the proceeding is concluded or the matter in issue is admitted, withdrawn, struck out or otherwise disposed of.\n(sec.46-ssec.3) Subrule (1) does not apply to a document in relation to which there is a valid claim to privilege from disclosure.\n- (a) is directly relevant to the proceeding or a matter in issue in the proceeding; and\n- (b) is in, or comes into, the possession of the party.","sortOrder":51},{"sectionNumber":"sec.47","sectionType":"section","heading":"Response to applications","content":"### sec.47 Response to applications\n\nIf the court, commission or registrar considers it appropriate to help effectively dispose of an application, the court, commission or registrar may direct a party to file a response to the application by a stated time.\nA response must be in the approved form and—\nadmit or deny, with or without qualification, each statement of fact made in the application; and\nstate whether the relief claimed is agreed to or opposed.\nA response may contain a counterclaim in response to the matters raised in the application.\nIf the response contains a counterclaim, the counterclaim must be set out in enough detail to clearly identify the nature of the relief sought.\nThe party must file the response and immediately serve a copy of it on the applicant and any other parties.\nIf the party fails to file a response within the time allowed under subrule (1) , the court, commission or registrar may impose terms on the party about the party’s participation in the proceeding.\nr 47 amd 2017 SL No. 26 s 11\n(sec.47-ssec.1) If the court, commission or registrar considers it appropriate to help effectively dispose of an application, the court, commission or registrar may direct a party to file a response to the application by a stated time.\n(sec.47-ssec.2) A response must be in the approved form and— admit or deny, with or without qualification, each statement of fact made in the application; and state whether the relief claimed is agreed to or opposed.\n(sec.47-ssec.3) A response may contain a counterclaim in response to the matters raised in the application.\n(sec.47-ssec.4) If the response contains a counterclaim, the counterclaim must be set out in enough detail to clearly identify the nature of the relief sought.\n(sec.47-ssec.5) The party must file the response and immediately serve a copy of it on the applicant and any other parties.\n(sec.47-ssec.6) If the party fails to file a response within the time allowed under subrule (1) , the court, commission or registrar may impose terms on the party about the party’s participation in the proceeding.\n- (a) admit or deny, with or without qualification, each statement of fact made in the application; and\n- (b) state whether the relief claimed is agreed to or opposed.","sortOrder":52},{"sectionNumber":"sec.48","sectionType":"section","heading":"Powers for evidence","content":"### sec.48 Powers for evidence\n\nThe court, commission or registrar may dispense with evidence on any matter—\non which all parties have agreed in writing; or\nfor which the court, commission or registrar considers evidence is unnecessary.\n- (a) on which all parties have agreed in writing; or\n- (b) for which the court, commission or registrar considers evidence is unnecessary.","sortOrder":53},{"sectionNumber":"sec.49","sectionType":"section","heading":"Notice to admit facts or documents","content":"### sec.49 Notice to admit facts or documents\n\nA party to a proceeding (the first party ) may, by notice in the approved form served on another party, ask the other party to admit, for the proceeding only, the facts or documents stated in the notice.\nIf the other party does not, within 14 days after receiving a notice under subrule (1) , serve a notice on the first party disputing the facts or the authenticity of the documents, the other party is taken to admit, for the proceeding only, the stated facts or the authenticity of the stated documents.\nThe other party may, with the leave of the court, commission or registrar, withdraw an admission taken to have been made under subrule (2) .\n(sec.49-ssec.1) A party to a proceeding (the first party ) may, by notice in the approved form served on another party, ask the other party to admit, for the proceeding only, the facts or documents stated in the notice.\n(sec.49-ssec.2) If the other party does not, within 14 days after receiving a notice under subrule (1) , serve a notice on the first party disputing the facts or the authenticity of the documents, the other party is taken to admit, for the proceeding only, the stated facts or the authenticity of the stated documents.\n(sec.49-ssec.3) The other party may, with the leave of the court, commission or registrar, withdraw an admission taken to have been made under subrule (2) .","sortOrder":54},{"sectionNumber":"sec.50","sectionType":"section","heading":"Evidence on affidavit","content":"### sec.50 Evidence on affidavit\n\nEvidence may be given by affidavit under a direction of the court, commission or registrar.\nHowever, if required by the court, commission or registrar, the person making the affidavit must appear to give evidence or for cross-examination.\nIf the person making the affidavit does not appear as required, the affidavit can not be used in evidence without the leave of the court, commission or registrar.\nUnless the court, commission or registrar gives leave, an affidavit may be used in a proceeding only if it has been filed.\nThe party filing an affidavit must immediately serve a copy of the affidavit on each other party to the proceeding.\n(sec.50-ssec.1) Evidence may be given by affidavit under a direction of the court, commission or registrar.\n(sec.50-ssec.2) However, if required by the court, commission or registrar, the person making the affidavit must appear to give evidence or for cross-examination.\n(sec.50-ssec.3) If the person making the affidavit does not appear as required, the affidavit can not be used in evidence without the leave of the court, commission or registrar.\n(sec.50-ssec.4) Unless the court, commission or registrar gives leave, an affidavit may be used in a proceeding only if it has been filed.\n(sec.50-ssec.5) The party filing an affidavit must immediately serve a copy of the affidavit on each other party to the proceeding.","sortOrder":55},{"sectionNumber":"sec.51","sectionType":"section","heading":"Limitation of affidavit","content":"### sec.51 Limitation of affidavit\n\nIn an affidavit, a person may only make—\nfor an affidavit supporting an application—statements to the best of the person’s own knowledge, information or belief; or\notherwise—statements of facts of the person’s own knowledge.\n- (a) for an affidavit supporting an application—statements to the best of the person’s own knowledge, information or belief; or\n- (b) otherwise—statements of facts of the person’s own knowledge.","sortOrder":56},{"sectionNumber":"sec.52","sectionType":"section","heading":"Form of affidavit","content":"### sec.52 Form of affidavit\n\nAn affidavit must—\nbe in the approved form; and\nbe in the first person; and\nidentify the person making it; and\nstate the residential or business address or place of employment of the person making it; and\nbe divided into consecutively numbered paragraphs, with each paragraph, as far as practical, confined to a distinct part of the subject matter; and\nstate whether the affidavit is sworn or affirmed; and\nif the person swears the affidavit for another person or entity—state that the person is authorised to swear it; and\nstate the day on which, and place where, it was sworn; and\nbe signed by the person making the affidavit in the presence of the person authorised to take the affidavit; and\nbe signed on each page by the person making the affidavit and the person taking the affidavit.\n- (a) be in the approved form; and\n- (b) be in the first person; and\n- (c) identify the person making it; and\n- (d) state the residential or business address or place of employment of the person making it; and\n- (e) be divided into consecutively numbered paragraphs, with each paragraph, as far as practical, confined to a distinct part of the subject matter; and\n- (f) state whether the affidavit is sworn or affirmed; and\n- (g) if the person swears the affidavit for another person or entity—state that the person is authorised to swear it; and\n- (h) state the day on which, and place where, it was sworn; and\n- (i) be signed by the person making the affidavit in the presence of the person authorised to take the affidavit; and\n- (j) be signed on each page by the person making the affidavit and the person taking the affidavit.","sortOrder":57},{"sectionNumber":"sec.53","sectionType":"section","heading":"Exhibits","content":"### sec.53 Exhibits\n\nA document mentioned in an affidavit and used with the affidavit (an exhibit ) must be an original document unless it is impractical to use the original.\nA document attached to an affidavit as an exhibit must—\nbe titled in the same way as the affidavit; and\ncontain the file number of the proceeding; and\nhave a certificate, in the approved form, attached to it, signed by the persons swearing and taking the affidavit, to the effect of the following—\n‘This is the (document, object, thing etc.) marked ‘A’ mentioned in the affidavit of A.B. sworn before C.D. this .... day of .... 20..’.\nr 53 amd 2021 SL No. 10 s 18\n(sec.53-ssec.1) A document mentioned in an affidavit and used with the affidavit (an exhibit ) must be an original document unless it is impractical to use the original.\n(sec.53-ssec.2) A document attached to an affidavit as an exhibit must— be titled in the same way as the affidavit; and contain the file number of the proceeding; and have a certificate, in the approved form, attached to it, signed by the persons swearing and taking the affidavit, to the effect of the following— ‘This is the (document, object, thing etc.) marked ‘A’ mentioned in the affidavit of A.B. sworn before C.D. this .... day of .... 20..’.\n- (a) be titled in the same way as the affidavit; and\n- (b) contain the file number of the proceeding; and\n- (c) have a certificate, in the approved form, attached to it, signed by the persons swearing and taking the affidavit, to the effect of the following— ‘This is the (document, object, thing etc.) marked ‘A’ mentioned in the affidavit of A.B. sworn before C.D. this .... day of .... 20..’.","sortOrder":58},{"sectionNumber":"sec.54","sectionType":"section","heading":"Alterations","content":"### sec.54 Alterations\n\nAny interlineation, erasure or other alteration in an affidavit must be initialled by—\nthe person making the affidavit; and\nthe person taking the affidavit.\n- (a) the person making the affidavit; and\n- (b) the person taking the affidavit.","sortOrder":59},{"sectionNumber":"sec.55","sectionType":"section","heading":"Certificate of reading or signature for person making affidavit","content":"### sec.55 Certificate of reading or signature for person making affidavit\n\nIf an affidavit is sworn by a person who is incapable of reading the affidavit or physically incapable of signing it, the person taking the affidavit must certify—\nthat fact; and\nthat the affidavit was read or otherwise communicated in the presence of the person making the affidavit; and\nthat the person seemed to understand the affidavit; and\nthat the person signified that the person made the affidavit.\nThe affidavit can not be used in evidence without the certificate unless the court, commission or registrar decides otherwise.\n(sec.55-ssec.1) If an affidavit is sworn by a person who is incapable of reading the affidavit or physically incapable of signing it, the person taking the affidavit must certify— that fact; and that the affidavit was read or otherwise communicated in the presence of the person making the affidavit; and that the person seemed to understand the affidavit; and that the person signified that the person made the affidavit.\n(sec.55-ssec.2) The affidavit can not be used in evidence without the certificate unless the court, commission or registrar decides otherwise.\n- (a) that fact; and\n- (b) that the affidavit was read or otherwise communicated in the presence of the person making the affidavit; and\n- (c) that the person seemed to understand the affidavit; and\n- (d) that the person signified that the person made the affidavit.","sortOrder":60},{"sectionNumber":"sec.56","sectionType":"section","heading":"Time for filing affidavits","content":"### sec.56 Time for filing affidavits\n\nIf an affidavit must be filed within a particular time, an affidavit filed after that time can not be used in evidence unless the court, commission or registrar otherwise decides, with or without conditions.","sortOrder":61},{"sectionNumber":"sec.57","sectionType":"section","heading":"Scandalous or oppressive matter","content":"### sec.57 Scandalous or oppressive matter\n\nIf there is scandalous or oppressive matter in an affidavit, the court, commission or registrar may order that—\nthe affidavit be removed from the file; or\nthe affidavit be removed from the file and destroyed; or\nthe scandalous or oppressive matter be struck out.\n- (a) the affidavit be removed from the file; or\n- (b) the affidavit be removed from the file and destroyed; or\n- (c) the scandalous or oppressive matter be struck out.","sortOrder":62},{"sectionNumber":"sec.58","sectionType":"section","heading":"Issue of attendance notices","content":"### sec.58 Issue of attendance notices\n\nOn the request of a party, a member of the commission or the registrar may issue an attendance notice to a person.\nA member of the commission or the registrar may refuse a request of a party to issue an attendance notice requiring a person, who is a non-party to the proceeding, to produce a stated document if satisfied—\nthe party could require the production of the document under subdivision 7A ; and\nthe party has not made reasonable attempts, under subdivision 7A , to obtain the document.\nOn the direction of a member of the commission, the registrar must issue an attendance notice to a person.\nFor subrule (1) , a request for an attendance notice must—\nbe in the approved form; and\nstate the name or designation by office or position of the person to whom the attendance notice is directed, unless the court, commission or registrar otherwise directs; and\nbe filed; and\nbe accompanied by a draft of the attendance notice, in the approved form, that is requested.\nAn attendance notice, other than an attendance notice for a compulsory conference, may only be directed to a single person.\nThe name or designation by office or position of the person to whom an attendance notice is directed must be stated in the notice before it is issued.\nr 58 amd 2014 SL No. 143 s 11 ; 2017 SL No. 26 s 12\n(sec.58-ssec.1) On the request of a party, a member of the commission or the registrar may issue an attendance notice to a person.\n(sec.58-ssec.2) A member of the commission or the registrar may refuse a request of a party to issue an attendance notice requiring a person, who is a non-party to the proceeding, to produce a stated document if satisfied— the party could require the production of the document under subdivision 7A ; and the party has not made reasonable attempts, under subdivision 7A , to obtain the document.\n(sec.58-ssec.3) On the direction of a member of the commission, the registrar must issue an attendance notice to a person.\n(sec.58-ssec.4) For subrule (1) , a request for an attendance notice must— be in the approved form; and state the name or designation by office or position of the person to whom the attendance notice is directed, unless the court, commission or registrar otherwise directs; and be filed; and be accompanied by a draft of the attendance notice, in the approved form, that is requested.\n(sec.58-ssec.5) An attendance notice, other than an attendance notice for a compulsory conference, may only be directed to a single person.\n(sec.58-ssec.6) The name or designation by office or position of the person to whom an attendance notice is directed must be stated in the notice before it is issued.\n- (a) the party could require the production of the document under subdivision 7A ; and\n- (b) the party has not made reasonable attempts, under subdivision 7A , to obtain the document.\n- (a) be in the approved form; and\n- (b) state the name or designation by office or position of the person to whom the attendance notice is directed, unless the court, commission or registrar otherwise directs; and\n- (c) be filed; and\n- (d) be accompanied by a draft of the attendance notice, in the approved form, that is requested.","sortOrder":63},{"sectionNumber":"sec.59","sectionType":"section","heading":"Requirements for attendance notice to produce","content":"### sec.59 Requirements for attendance notice to produce\n\nAn attendance notice requiring a person to produce a stated document or thing must—\nadequately describe the document or thing; and\ncontain a notice, in the approved form, telling the person that the person has the right to apply to the court or commission to have the attendance notice set aside on any sufficient grounds, including, for example—\nthe document or thing is not directly relevant to the proceedings; or\nprivilege; or\noppressiveness, including oppressiveness because substantial expense may be incurred that may not be reimbursed; or\nnoncompliance with these rules.\nr 59 amd 2021 SL No. 10 s 19\n- (a) adequately describe the document or thing; and\n- (b) contain a notice, in the approved form, telling the person that the person has the right to apply to the court or commission to have the attendance notice set aside on any sufficient grounds, including, for example— (i) the document or thing is not directly relevant to the proceedings; or (ii) privilege; or (iii) oppressiveness, including oppressiveness because substantial expense may be incurred that may not be reimbursed; or (iv) noncompliance with these rules.\n- (i) the document or thing is not directly relevant to the proceedings; or\n- (ii) privilege; or\n- (iii) oppressiveness, including oppressiveness because substantial expense may be incurred that may not be reimbursed; or\n- (iv) noncompliance with these rules.\n- (i) the document or thing is not directly relevant to the proceedings; or\n- (ii) privilege; or\n- (iii) oppressiveness, including oppressiveness because substantial expense may be incurred that may not be reimbursed; or\n- (iv) noncompliance with these rules.","sortOrder":64},{"sectionNumber":"sec.60","sectionType":"section","heading":"Inspection of documents or things produced voluntarily or under attendance notice","content":"### sec.60 Inspection of documents or things produced voluntarily or under attendance notice\n\nThis rule applies in relation to a document or thing produced to the court, commission or registrar, whether produced voluntarily or under an attendance notice.\nThe document or thing may be inspected by the court, commission or registrar.\nThe registrar may allow a party to the proceeding to inspect the document or thing unless 1 or more of the following persons objects to the inspection under rule 60A —\nthe person who produced the document or thing;\nanother party to the proceeding;\nanother person with a sufficient interest in the document or thing.\nA person other than a party may inspect the document or thing only if—\nthe court or commission gives leave for the inspection; and\nthe inspection is in accordance with the leave.\nSubrule (4) applies subject to rule 60A .\nInformation obtained from the document or thing must not be made public without the permission of the court, commission or registrar.\nIf the court, commission or registrar considers that part of a document does not relate to a matter in issue, the court, commission or registrar may order that the part be closed.\nr 60 sub 2021 SL No. 10 s 20\n(sec.60-ssec.1) This rule applies in relation to a document or thing produced to the court, commission or registrar, whether produced voluntarily or under an attendance notice.\n(sec.60-ssec.2) The document or thing may be inspected by the court, commission or registrar.\n(sec.60-ssec.3) The registrar may allow a party to the proceeding to inspect the document or thing unless 1 or more of the following persons objects to the inspection under rule 60A — the person who produced the document or thing; another party to the proceeding; another person with a sufficient interest in the document or thing.\n(sec.60-ssec.4) A person other than a party may inspect the document or thing only if— the court or commission gives leave for the inspection; and the inspection is in accordance with the leave.\n(sec.60-ssec.5) Subrule (4) applies subject to rule 60A .\n(sec.60-ssec.6) Information obtained from the document or thing must not be made public without the permission of the court, commission or registrar.\n(sec.60-ssec.7) If the court, commission or registrar considers that part of a document does not relate to a matter in issue, the court, commission or registrar may order that the part be closed.\n- (a) the person who produced the document or thing;\n- (b) another party to the proceeding;\n- (c) another person with a sufficient interest in the document or thing.\n- (a) the court or commission gives leave for the inspection; and\n- (b) the inspection is in accordance with the leave.","sortOrder":65},{"sectionNumber":"sec.60A","sectionType":"section","heading":"Objecting to inspection of documents or things produced voluntarily or under attendance notice","content":"### sec.60A Objecting to inspection of documents or things produced voluntarily or under attendance notice\n\nThis rule applies in relation to a document or thing produced to the court, commission or registrar, whether produced voluntarily or under an attendance notice.\nIf the person producing the document or thing objects to it being inspected by a party to the proceeding, the person must, when producing the document or thing, give the registrar written notice of the objection and the grounds of the objection.\nIf a party to the proceeding, or a person having a sufficient interest in the document or thing, objects to the document or thing being inspected by another person, the party or person may give the registrar written notice of the objection and the grounds of the objection.\nOn receiving a notice of objection under subrule (2) or (3) , the registrar—\nmust give written notice of the objection to the party on whose behalf the attendance notice was issued; and\nmust not allow any person to inspect, or further inspect, the document or thing.\nThe party on whose behalf the attendance notice was issued may, on reasonable notice to the person who gave the notice of objection, apply to the court or commission for a decision about the objection.\nr 60A ins 2021 SL No. 10 s 20\n(sec.60A-ssec.1) This rule applies in relation to a document or thing produced to the court, commission or registrar, whether produced voluntarily or under an attendance notice.\n(sec.60A-ssec.2) If the person producing the document or thing objects to it being inspected by a party to the proceeding, the person must, when producing the document or thing, give the registrar written notice of the objection and the grounds of the objection.\n(sec.60A-ssec.3) If a party to the proceeding, or a person having a sufficient interest in the document or thing, objects to the document or thing being inspected by another person, the party or person may give the registrar written notice of the objection and the grounds of the objection.\n(sec.60A-ssec.4) On receiving a notice of objection under subrule (2) or (3) , the registrar— must give written notice of the objection to the party on whose behalf the attendance notice was issued; and must not allow any person to inspect, or further inspect, the document or thing.\n(sec.60A-ssec.5) The party on whose behalf the attendance notice was issued may, on reasonable notice to the person who gave the notice of objection, apply to the court or commission for a decision about the objection.\n- (a) must give written notice of the objection to the party on whose behalf the attendance notice was issued; and\n- (b) must not allow any person to inspect, or further inspect, the document or thing.","sortOrder":66},{"sectionNumber":"sec.61","sectionType":"section","heading":"Setting aside attendance notice","content":"### sec.61 Setting aside attendance notice\n\nThe court, commission or registrar may, by order, set aside part or all of an attendance notice.","sortOrder":67},{"sectionNumber":"sec.62","sectionType":"section","heading":"Allowance for attendance and expenses","content":"### sec.62 Allowance for attendance and expenses\n\nA person who attends before the court, commission or registrar under an attendance notice is entitled to—\nthe person’s reasonable expenses of travelling to attend; and\nthe allowance payable to a witness in a civil action in the Supreme Court.\nIf a party requested the person’s attendance, the party must pay the expenses and allowance to the person a reasonable period before the day the person is required to attend.\nThe court, commission or registrar may treat the failure of a party to pay the person’s expenses or allowance under subrule (2) as a lawful excuse for failure to comply with the attendance notice.\nr 62 amd 2021 SL No. 10 s 21\n(sec.62-ssec.1) A person who attends before the court, commission or registrar under an attendance notice is entitled to— the person’s reasonable expenses of travelling to attend; and the allowance payable to a witness in a civil action in the Supreme Court.\n(sec.62-ssec.2) If a party requested the person’s attendance, the party must pay the expenses and allowance to the person a reasonable period before the day the person is required to attend.\n(sec.62-ssec.3) The court, commission or registrar may treat the failure of a party to pay the person’s expenses or allowance under subrule (2) as a lawful excuse for failure to comply with the attendance notice.\n- (a) the person’s reasonable expenses of travelling to attend; and\n- (b) the allowance payable to a witness in a civil action in the Supreme Court.","sortOrder":68},{"sectionNumber":"sec.63","sectionType":"section","heading":"Production by non-party","content":"### sec.63 Production by non-party\n\nThis rule applies if the person named in an attendance notice requiring the production of a document or thing is not a party to the proceeding.\nUnless the court, commission or registrar otherwise directs, the attendance notice must permit the person to produce, not less than 2 business days before the day production is required, the document or thing at the registry.\nIf a document or thing is produced at the registry under subrule (2) , the appropriate officer of the court or commission must—\nissue a receipt; and\nnotify the party who requested production of the document or thing that it has been produced at the registry; and\ndeal with the document or thing as the court or commission directs.\nAn attendance notice that only requires production of a document or thing may be satisfied by an agent of the person named in the notice producing the document or thing to the court or commission.\nr 63 amd 2021 SL No. 10 s 22\n(sec.63-ssec.1) This rule applies if the person named in an attendance notice requiring the production of a document or thing is not a party to the proceeding.\n(sec.63-ssec.2) Unless the court, commission or registrar otherwise directs, the attendance notice must permit the person to produce, not less than 2 business days before the day production is required, the document or thing at the registry.\n(sec.63-ssec.3) If a document or thing is produced at the registry under subrule (2) , the appropriate officer of the court or commission must— issue a receipt; and notify the party who requested production of the document or thing that it has been produced at the registry; and deal with the document or thing as the court or commission directs.\n(sec.63-ssec.4) An attendance notice that only requires production of a document or thing may be satisfied by an agent of the person named in the notice producing the document or thing to the court or commission.\n- (a) issue a receipt; and\n- (b) notify the party who requested production of the document or thing that it has been produced at the registry; and\n- (c) deal with the document or thing as the court or commission directs.","sortOrder":69},{"sectionNumber":"sec.64","sectionType":"section","heading":"Serving attendance notice","content":"### sec.64 Serving attendance notice\n\nAn attendance notice must be served on the person to whom it is directed.\nFor the ways in which an attendance notice may be served, see section 528 of the Act and rule 28 .\nr 64 sub 2017 SL No. 26 s 13","sortOrder":70},{"sectionNumber":"sec.64A","sectionType":"section","heading":"Definitions for sdiv 7A","content":"### sec.64A Definitions for sdiv 7A\n\nIn this subdivision—\nhearing , for a proceeding, means the hearing of the originating application for the proceeding.\nindustrial tribunal means—\nfor a proceeding before the court—the court; or\nfor a proceeding before the commission—the commission; or\nfor a proceeding before the registrar—the registrar.\nnon-party see rule 64B (1) .\nnotice means a notice of non-party production under rule 64B .\nobjector ...\nr 64A def objector om 2017 SL No. 26 s 14\noriginating application , for a proceeding, means the application starting the proceeding.\nFor references to applications under this part, see rule 4 .\nr 64A ins 2014 SL No. 143 s 12\n- (a) for a proceeding before the court—the court; or\n- (b) for a proceeding before the commission—the commission; or\n- (c) for a proceeding before the registrar—the registrar.","sortOrder":71},{"sectionNumber":"sec.64B","sectionType":"section","heading":"Notice requiring non-party production","content":"### sec.64B Notice requiring non-party production\n\nA party to a proceeding may, by notice of non-party production, require a person who is not party to the proceeding (the non-party ) to produce to the party, within 14 days after service of the notice on the non-party, a document—\ndirectly relevant to a matter in issue in the proceeding; and\nin the possession or under the control of the non-party; and\nthat is a document the non-party could be required to produce at the hearing for the proceeding.\nThe party may not require production of a document if there is available to the party another reasonably simple and inexpensive way of proving the matter sought to be proved by the document.\nThe non-party must comply with the notice but not before the end of 7 days after service of the notice on the non-party.\nThe requirement, under this rule, for a non-party to produce a document is not an ongoing duty.\nr 64B ins 2014 SL No. 143 s 12\n(sec.64B-ssec.1) A party to a proceeding may, by notice of non-party production, require a person who is not party to the proceeding (the non-party ) to produce to the party, within 14 days after service of the notice on the non-party, a document— directly relevant to a matter in issue in the proceeding; and in the possession or under the control of the non-party; and that is a document the non-party could be required to produce at the hearing for the proceeding.\n(sec.64B-ssec.2) The party may not require production of a document if there is available to the party another reasonably simple and inexpensive way of proving the matter sought to be proved by the document.\n(sec.64B-ssec.3) The non-party must comply with the notice but not before the end of 7 days after service of the notice on the non-party.\n(sec.64B-ssec.4) The requirement, under this rule, for a non-party to produce a document is not an ongoing duty.\n- (a) directly relevant to a matter in issue in the proceeding; and\n- (b) in the possession or under the control of the non-party; and\n- (c) that is a document the non-party could be required to produce at the hearing for the proceeding.","sortOrder":72},{"sectionNumber":"sec.64C","sectionType":"section","heading":"Form and service of notice","content":"### sec.64C Form and service of notice\n\nA notice must—\nstate the matter in issue in the proceeding about which the document sought is directly relevant; and\nbe in the approved form; and\nbe served on the non-party.\nHowever, the party may serve the non-party only after the party has served all other persons who are required to be served under rule 64D .\nr 64C ins 2014 SL No. 143 s 12\n(sec.64C-ssec.1) A notice must— state the matter in issue in the proceeding about which the document sought is directly relevant; and be in the approved form; and be served on the non-party.\n(sec.64C-ssec.2) However, the party may serve the non-party only after the party has served all other persons who are required to be served under rule 64D .\n- (a) state the matter in issue in the proceeding about which the document sought is directly relevant; and\n- (b) be in the approved form; and\n- (c) be served on the non-party.","sortOrder":73},{"sectionNumber":"sec.64D","sectionType":"section","heading":"Others affected by notice","content":"### sec.64D Others affected by notice\n\nThe party must serve a copy of the notice on—\na person, other than a party and the non-party, about whom information is sought by the notice; and\nif the party knows the non-party does not own a document required to be produced—the owner of the document.\nSubrule (1) does not apply if the party’s lawyer—\nbelieves, on reasonable grounds, that a person who would otherwise be required to be served under subrule (1) is likely to fabricate evidence or perpetrate fraud if the person becomes aware of the notice; and\nhas completed a certificate in the approved form stating that the lawyer has that belief and that the interests of justice are likely to be jeopardised if the person were served with the notice.\nA certificate by the party’s lawyer under subrule (2) must be tendered to the industrial tribunal at the hearing for the proceeding.\nFurther, subrule (1) (b) does not apply if, after reasonable inquiries, the party can not identify the owner of the document.\nThe party must write the name and address of anyone who must be served under this rule on the notice and on all copies of the notice.\nr 64D ins 2014 SL No. 143 s 12\n(sec.64D-ssec.1) The party must serve a copy of the notice on— a person, other than a party and the non-party, about whom information is sought by the notice; and if the party knows the non-party does not own a document required to be produced—the owner of the document.\n(sec.64D-ssec.2) Subrule (1) does not apply if the party’s lawyer— believes, on reasonable grounds, that a person who would otherwise be required to be served under subrule (1) is likely to fabricate evidence or perpetrate fraud if the person becomes aware of the notice; and has completed a certificate in the approved form stating that the lawyer has that belief and that the interests of justice are likely to be jeopardised if the person were served with the notice.\n(sec.64D-ssec.3) A certificate by the party’s lawyer under subrule (2) must be tendered to the industrial tribunal at the hearing for the proceeding.\n(sec.64D-ssec.4) Further, subrule (1) (b) does not apply if, after reasonable inquiries, the party can not identify the owner of the document.\n(sec.64D-ssec.5) The party must write the name and address of anyone who must be served under this rule on the notice and on all copies of the notice.\n- (a) a person, other than a party and the non-party, about whom information is sought by the notice; and\n- (b) if the party knows the non-party does not own a document required to be produced—the owner of the document.\n- (a) believes, on reasonable grounds, that a person who would otherwise be required to be served under subrule (1) is likely to fabricate evidence or perpetrate fraud if the person becomes aware of the notice; and\n- (b) has completed a certificate in the approved form stating that the lawyer has that belief and that the interests of justice are likely to be jeopardised if the person were served with the notice.","sortOrder":74},{"sectionNumber":"sec.64E","sectionType":"section","heading":"Objection to production","content":"### sec.64E Objection to production\n\nThe non-party, or a person who has been served with a copy of the notice under rule 64D , may object to the production of some or all of the documents mentioned in the notice within 7 days after its service or, with the leave of the industrial tribunal, a later time.\nAlso, another person who would be affected by the notice and who has not been served may object to the production of some or all of the documents mentioned in the notice at any time with the leave of the industrial tribunal.\nThe objection must—\nbe written; and\nbe served on the party; and\nif the person objecting (the objector ) is not the non-party—be served on the non-party; and\nclearly state the reasons for the objection.\nThe reasons may include, but are not limited to, the following—\nif the objector is the non-party—the expense and inconvenience likely to be incurred by the non-party in complying with the notice;\nthe lack of relevance to the proceeding of the documents mentioned in the notice;\nthe lack of particularity with which the documents are described;\na claim of privilege;\nthe confidential nature of the documents or their contents;\nthe effect production would have on any person;\nif the objector was not served with the notice—the fact that the objector should have been served.\nr 64E ins 2014 SL No. 143 s 12\n(sec.64E-ssec.1) The non-party, or a person who has been served with a copy of the notice under rule 64D , may object to the production of some or all of the documents mentioned in the notice within 7 days after its service or, with the leave of the industrial tribunal, a later time.\n(sec.64E-ssec.2) Also, another person who would be affected by the notice and who has not been served may object to the production of some or all of the documents mentioned in the notice at any time with the leave of the industrial tribunal.\n(sec.64E-ssec.3) The objection must— be written; and be served on the party; and if the person objecting (the objector ) is not the non-party—be served on the non-party; and clearly state the reasons for the objection.\n(sec.64E-ssec.4) The reasons may include, but are not limited to, the following— if the objector is the non-party—the expense and inconvenience likely to be incurred by the non-party in complying with the notice; the lack of relevance to the proceeding of the documents mentioned in the notice; the lack of particularity with which the documents are described; a claim of privilege; the confidential nature of the documents or their contents; the effect production would have on any person; if the objector was not served with the notice—the fact that the objector should have been served.\n- (a) be written; and\n- (b) be served on the party; and\n- (c) if the person objecting (the objector ) is not the non-party—be served on the non-party; and\n- (d) clearly state the reasons for the objection.\n- (a) if the objector is the non-party—the expense and inconvenience likely to be incurred by the non-party in complying with the notice;\n- (b) the lack of relevance to the proceeding of the documents mentioned in the notice;\n- (c) the lack of particularity with which the documents are described;\n- (d) a claim of privilege;\n- (e) the confidential nature of the documents or their contents;\n- (f) the effect production would have on any person;\n- (g) if the objector was not served with the notice—the fact that the objector should have been served.","sortOrder":75},{"sectionNumber":"sec.64F","sectionType":"section","heading":"Objection stays notice","content":"### sec.64F Objection stays notice\n\nService of an objection under rule 64E operates as a stay of the notice.\nr 64F ins 2014 SL No. 143 s 12","sortOrder":76},{"sectionNumber":"sec.64G","sectionType":"section","heading":"Industrial tribunal’s decision about objection","content":"### sec.64G Industrial tribunal’s decision about objection\n\nWithin 7 days after service of an objection under rule 64E , the party may apply to the industrial tribunal for a decision about the objection.\nThe industrial tribunal may make any order it considers appropriate including, but not limited to, an order—\nlifting the stay; or\nvarying the notice; or\nsetting aside the notice.\nUnless the industrial tribunal otherwise orders, each party to an application to decide an objection must bear the party’s own costs of the application.\nr 64G ins 2014 SL No. 143 s 12\n(sec.64G-ssec.1) Within 7 days after service of an objection under rule 64E , the party may apply to the industrial tribunal for a decision about the objection.\n(sec.64G-ssec.2) The industrial tribunal may make any order it considers appropriate including, but not limited to, an order— lifting the stay; or varying the notice; or setting aside the notice.\n(sec.64G-ssec.3) Unless the industrial tribunal otherwise orders, each party to an application to decide an objection must bear the party’s own costs of the application.\n- (a) lifting the stay; or\n- (b) varying the notice; or\n- (c) setting aside the notice.","sortOrder":77},{"sectionNumber":"sec.64H","sectionType":"section","heading":"Production and copying of documents","content":"### sec.64H Production and copying of documents\n\nUnless the operation of a notice is stayed, and subject to any order under rule 64G (2) , the non-party must produce the document specified in the notice for inspection by the party at the place of business of the non-party, or the non-party’s lawyer, within ordinary business hours or at another place or time agreed by the party and the non-party.\nIf the non-party does not comply with subrule (1) , the party may apply to the industrial tribunal who may order compliance and make another order the industrial tribunal considers appropriate.\nThe party may copy a document produced under this subdivision.\nr 64H ins 2014 SL No. 143 s 12\n(sec.64H-ssec.1) Unless the operation of a notice is stayed, and subject to any order under rule 64G (2) , the non-party must produce the document specified in the notice for inspection by the party at the place of business of the non-party, or the non-party’s lawyer, within ordinary business hours or at another place or time agreed by the party and the non-party.\n(sec.64H-ssec.2) If the non-party does not comply with subrule (1) , the party may apply to the industrial tribunal who may order compliance and make another order the industrial tribunal considers appropriate.\n(sec.64H-ssec.3) The party may copy a document produced under this subdivision.","sortOrder":78},{"sectionNumber":"sec.64I","sectionType":"section","heading":"Reasonable expenses of production","content":"### sec.64I Reasonable expenses of production\n\nSubject to rule 64G (3) , the party must pay the non-party’s reasonable expenses of producing a document.\nWithin 1 month after producing a document, the non-party must give to the party written notice of the non-party’s reasonable expenses of producing it.\nUnless the industrial tribunal otherwise orders, the party may apply to the registrar within 1 month after receiving written notice under subrule (2) for assessment of the expenses.\nr 64I ins 2014 SL No. 143 s 12\namd 2022 SL No. 100 s 5\n(sec.64I-ssec.1) Subject to rule 64G (3) , the party must pay the non-party’s reasonable expenses of producing a document.\n(sec.64I-ssec.2) Within 1 month after producing a document, the non-party must give to the party written notice of the non-party’s reasonable expenses of producing it.\n(sec.64I-ssec.3) Unless the industrial tribunal otherwise orders, the party may apply to the registrar within 1 month after receiving written notice under subrule (2) for assessment of the expenses.","sortOrder":79},{"sectionNumber":"sec.65","sectionType":"section","heading":"Request for notice of hearing","content":"### sec.65 Request for notice of hearing\n\nAn applicant in a proceeding before the court or commission may at any time request the court or commission in writing to fix a time, date and place for the hearing of the application.\nThe court or commission may fix a time, date and place if the court or commission—\nis satisfied all necessary procedures have been completed; or\notherwise considers it appropriate.\nThe registrar must give the applicant and other parties to the proceeding notice of the time, date and place as soon as practicable after they are fixed.\nThe notice may be given orally or in writing.\n(sec.65-ssec.1) An applicant in a proceeding before the court or commission may at any time request the court or commission in writing to fix a time, date and place for the hearing of the application.\n(sec.65-ssec.2) The court or commission may fix a time, date and place if the court or commission— is satisfied all necessary procedures have been completed; or otherwise considers it appropriate.\n(sec.65-ssec.3) The registrar must give the applicant and other parties to the proceeding notice of the time, date and place as soon as practicable after they are fixed.\n(sec.65-ssec.4) The notice may be given orally or in writing.\n- (a) is satisfied all necessary procedures have been completed; or\n- (b) otherwise considers it appropriate.","sortOrder":80},{"sectionNumber":"sec.66","sectionType":"section","heading":"Hearing in respondent’s absence","content":"### sec.66 Hearing in respondent’s absence\n\nThe commission may hear and decide an application made under section 476 of the Act in the respondent’s absence if the commission is satisfied—\nthe application contained a warning that the application may be dealt with in the respondent’s absence; and\nthe applicant has proved service of the application on the respondent; and\nthe application contains sufficient particulars relied on in support of the application.\nr 66 amd 2017 SL No. 26 s 15\n- (a) the application contained a warning that the application may be dealt with in the respondent’s absence; and\n- (b) the applicant has proved service of the application on the respondent; and\n- (c) the application contains sufficient particulars relied on in support of the application.","sortOrder":81},{"sectionNumber":"sec.67","sectionType":"section","heading":"Rehearing of proceeding heard in respondent’s absence","content":"### sec.67 Rehearing of proceeding heard in respondent’s absence\n\nThis rule applies if the commission makes an order under section 475 of the Act in the respondent’s absence.\nThe respondent may apply to the commission to rehear the application.\nThe application to rehear may only be made within 30 days of the decision or order in the proceeding being made or released, whichever is the later.\nIf the commission is satisfied it is necessary in the interests of justice for the application to be reheard, the commission may rehear the application.\nr 67 amd 2017 SL No. 26 s 16\n(sec.67-ssec.1) This rule applies if the commission makes an order under section 475 of the Act in the respondent’s absence.\n(sec.67-ssec.2) The respondent may apply to the commission to rehear the application.\n(sec.67-ssec.3) The application to rehear may only be made within 30 days of the decision or order in the proceeding being made or released, whichever is the later.\n(sec.67-ssec.4) If the commission is satisfied it is necessary in the interests of justice for the application to be reheard, the commission may rehear the application.","sortOrder":82},{"sectionNumber":"sec.68","sectionType":"section","heading":"Written request for discontinuance","content":"### sec.68 Written request for discontinuance\n\nAn applicant for a proceeding may ask to be allowed to discontinue the proceeding by filing a written request in the approved form.\nWhen filing the request, the applicant must serve a copy of the request on each of the other parties to the proceeding.\nA party may object to the discontinuance by notice to the registrar within 14 days after being served with the request to discontinue.\nIf no party objects within the 14 days, the court, commission or registrar may allow the proceeding to be discontinued.\nIf a proceeding is allowed to be discontinued, the court, commission or registrar must note the file to that effect.\nIf a party objects to the discontinuance under subrule (3) , the court, commission or registrar may allow or disallow the request for discontinuance on the terms the court, commission or registrar considers appropriate.\nr 68 amd 2017 SL No. 26 s 17 ; 2021 SL No. 10 s 24 ; 2022 SL No. 100 s 6\n(sec.68-ssec.1) An applicant for a proceeding may ask to be allowed to discontinue the proceeding by filing a written request in the approved form.\n(sec.68-ssec.2) When filing the request, the applicant must serve a copy of the request on each of the other parties to the proceeding.\n(sec.68-ssec.3) A party may object to the discontinuance by notice to the registrar within 14 days after being served with the request to discontinue.\n(sec.68-ssec.4) If no party objects within the 14 days, the court, commission or registrar may allow the proceeding to be discontinued.\n(sec.68-ssec.5) If a proceeding is allowed to be discontinued, the court, commission or registrar must note the file to that effect.\n(sec.68-ssec.6) If a party objects to the discontinuance under subrule (3) , the court, commission or registrar may allow or disallow the request for discontinuance on the terms the court, commission or registrar considers appropriate.","sortOrder":83},{"sectionNumber":"sec.69","sectionType":"section","heading":"Oral request for discontinuance","content":"### sec.69 Oral request for discontinuance\n\nAn applicant in a proceeding may, at any time, ask to be allowed to discontinue the proceeding by oral application.\nThe court, commission or registrar may allow the applicant to discontinue the proceeding on the terms the court, commission or registrar considers appropriate.\nr 69 amd 2021 SL No. 10 s 25\nsub 2022 SL No. 100 s 7\n(sec.69-ssec.1) An applicant in a proceeding may, at any time, ask to be allowed to discontinue the proceeding by oral application.\n(sec.69-ssec.2) The court, commission or registrar may allow the applicant to discontinue the proceeding on the terms the court, commission or registrar considers appropriate.","sortOrder":84},{"sectionNumber":"sec.70","sectionType":"section","heading":"Costs","content":"### sec.70 Costs\n\nThis rule applies if the court or commission makes an order for costs under section 545 of the Act or the Work Health and Safety Act 2011 , section 229EA .\nThe court or commission, in making the order, may have regard to—\nfor a proceeding before the commission—the costs payable on the scale of costs for Magistrates Courts under the Uniform Civil Procedure Rules 1999 , schedule 2 ; or\nfor a proceeding before the court or the full bench—the costs payable on the scale of costs for the Supreme Court and District Court under the Uniform Civil Procedure Rules 1999 , schedule 1 ; or\nany other relevant factor.\nThe court may order that costs be assessed by the registrar and, in assessing costs, the registrar may have regard to the Uniform Civil Procedure Rules 1999 , chapter 17A .\nr 70 amd 2017 SL No. 26 s 18 ; 2018 SL No. 127 s 40 ; 2024 SL No. 128 s 4\n(sec.70-ssec.1) This rule applies if the court or commission makes an order for costs under section 545 of the Act or the Work Health and Safety Act 2011 , section 229EA .\n(sec.70-ssec.2) The court or commission, in making the order, may have regard to— for a proceeding before the commission—the costs payable on the scale of costs for Magistrates Courts under the Uniform Civil Procedure Rules 1999 , schedule 2 ; or for a proceeding before the court or the full bench—the costs payable on the scale of costs for the Supreme Court and District Court under the Uniform Civil Procedure Rules 1999 , schedule 1 ; or any other relevant factor.\n(sec.70-ssec.3) The court may order that costs be assessed by the registrar and, in assessing costs, the registrar may have regard to the Uniform Civil Procedure Rules 1999 , chapter 17A .\n- (a) for a proceeding before the commission—the costs payable on the scale of costs for Magistrates Courts under the Uniform Civil Procedure Rules 1999 , schedule 2 ; or\n- (b) for a proceeding before the court or the full bench—the costs payable on the scale of costs for the Supreme Court and District Court under the Uniform Civil Procedure Rules 1999 , schedule 1 ; or\n- (c) any other relevant factor.","sortOrder":85},{"sectionNumber":"sec.71","sectionType":"section","heading":"Certificate under Act , s 546","content":"### sec.71 Certificate under Act , s 546\n\nA certificate under section 546 of the Act must be in the approved form.\nr 71 amd 2017 SL No. 26 s 19","sortOrder":86},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Commission’s functions and powers","content":"## Commission’s functions and powers","sortOrder":87},{"sectionNumber":"sec.72","sectionType":"section","heading":"Application for declaration about industrial matter","content":"### sec.72 Application for declaration about industrial matter\n\nAn application for a declaration about an industrial matter under section 463 of the Act must be in the approved form and state—\nthe declaration sought; and\nthe industrial matter about which the declaration is sought; and\nthe facts relied on; and\nany consequential relief claimed if the declaration is made.\nr 72 amd 2017 SL No. 26 s 20 ; 2021 SL No. 10 s 55\n- (a) the declaration sought; and\n- (b) the industrial matter about which the declaration is sought; and\n- (c) the facts relied on; and\n- (d) any consequential relief claimed if the declaration is made.","sortOrder":88},{"sectionNumber":"sec.73","sectionType":"section","heading":"Application for order declaring persons to be employees or employers","content":"### sec.73 Application for order declaring persons to be employees or employers\n\nAn application for an order under section 465 of the Act must be in the approved form and state—\nthe class of persons to be declared employees; and\nthe work performed by the persons; and\nthe industry in which the work is performed; and\nthe nature and effect of the contract for services under which the work is performed; and\nthe person to be declared an employer of the employees.\nr 73 amd 2017 SL No. 26 s 21 ; 2021 SL No. 10 s 55\n- (a) the class of persons to be declared employees; and\n- (b) the work performed by the persons; and\n- (c) the industry in which the work is performed; and\n- (d) the nature and effect of the contract for services under which the work is performed; and\n- (e) the person to be declared an employer of the employees.","sortOrder":89},{"sectionNumber":"sec.74","sectionType":"section","heading":"Application to amend or declare void contract","content":"### sec.74 Application to amend or declare void contract\n\nAn application to amend or declare void a contract under section 471 must be in the approved form and state how the contract to which the application relates—\nis a contract of service not covered by an industrial instrument; or\nis a contract for services.\nThe application must also state—\nhow the contract conditions are harsh, unconscionable or unfair; or\nhow the contract is against the public interest; or\nhow the contract provides, or has provided, a total remuneration of less than that which a person performing the work as an employee would receive under an industrial instrument or the Act ; or\nhow the contract is designed to, or does, avoid the provisions of an industrial instrument.\nAn affidavit contained in or accompanying the application must state that the applicant—\nhas not made an application under section 317 of the Act for the same matter; and\nis not a person mentioned in section 472 (2) (b) of the Act .\nIf the contract for services or contract of service is written or partly written, it must be attached as an exhibit to the affidavit.\nr 74 amd 2017 SL No. 26 s 22 ; 2021 SL No. 10 s 55\n(sec.74-ssec.1) An application to amend or declare void a contract under section 471 must be in the approved form and state how the contract to which the application relates— is a contract of service not covered by an industrial instrument; or is a contract for services.\n(sec.74-ssec.2) The application must also state— how the contract conditions are harsh, unconscionable or unfair; or how the contract is against the public interest; or how the contract provides, or has provided, a total remuneration of less than that which a person performing the work as an employee would receive under an industrial instrument or the Act ; or how the contract is designed to, or does, avoid the provisions of an industrial instrument.\n(sec.74-ssec.3) An affidavit contained in or accompanying the application must state that the applicant— has not made an application under section 317 of the Act for the same matter; and is not a person mentioned in section 472 (2) (b) of the Act .\n(sec.74-ssec.4) If the contract for services or contract of service is written or partly written, it must be attached as an exhibit to the affidavit.\n- (a) is a contract of service not covered by an industrial instrument; or\n- (b) is a contract for services.\n- (a) how the contract conditions are harsh, unconscionable or unfair; or\n- (b) how the contract is against the public interest; or\n- (c) how the contract provides, or has provided, a total remuneration of less than that which a person performing the work as an employee would receive under an industrial instrument or the Act ; or\n- (d) how the contract is designed to, or does, avoid the provisions of an industrial instrument.\n- (a) has not made an application under section 317 of the Act for the same matter; and\n- (b) is not a person mentioned in section 472 (2) (b) of the Act .","sortOrder":90},{"sectionNumber":"sec.75","sectionType":"section","heading":"Application for injunction under Act , s 473","content":"### sec.75 Application for injunction under Act , s 473\n\nAn application for an injunction under section 473 of the Act must—\nbe in the approved form; and\nstate the facts relied on.\nr 75 amd 2017 SL No. 26 s 23 ; 2021 SL No. 10 s 55\n- (a) be in the approved form; and\n- (b) state the facts relied on.","sortOrder":91},{"sectionNumber":"sec.76","sectionType":"section","heading":"Application to recover unpaid wages and superannuation contribution etc.","content":"### sec.76 Application to recover unpaid wages and superannuation contribution etc.\n\nAn application for an order for the payment of an amount under section 475 of the Act must be in the approved form and—\nstate the industrial instrument involved or other basis for the claim; and\nstate the nature of the work undertaken by the employee the subject of the claim; and\nstate that the applicant, and any other person eligible to make an application section 476 (2) of the Act in relation to the employee, has not made an application under section 379 , 386 or 396 of the Act for the same matter; and\nstate details, in itemised form, of the claim; and\nstate the dates the amounts claimed became payable; and\nstate the total amount claimed; and\nUnder section 476 (1) of the Act , a claim can not be made for more than $50,000.\nshow how each calculation was made; and\nprovide the following information—\nthe employer’s name, address and telephone and fax number (if any);\nif the employer is a business—a contact name for the employer;\nif the employer has no telephone—a way the employer may be contacted by telephone.\nIf the application is by a trainee or apprentice, that fact must be stated in the application or affidavit accompanying it.\nr 76 amd 2013 SL No. 73 s 6 ; 2017 SL No. 26 s 24\n(sec.76-ssec.1) An application for an order for the payment of an amount under section 475 of the Act must be in the approved form and— state the industrial instrument involved or other basis for the claim; and state the nature of the work undertaken by the employee the subject of the claim; and state that the applicant, and any other person eligible to make an application section 476 (2) of the Act in relation to the employee, has not made an application under section 379 , 386 or 396 of the Act for the same matter; and state details, in itemised form, of the claim; and state the dates the amounts claimed became payable; and state the total amount claimed; and Under section 476 (1) of the Act , a claim can not be made for more than $50,000. show how each calculation was made; and provide the following information— the employer’s name, address and telephone and fax number (if any); if the employer is a business—a contact name for the employer; if the employer has no telephone—a way the employer may be contacted by telephone.\n(sec.76-ssec.2) If the application is by a trainee or apprentice, that fact must be stated in the application or affidavit accompanying it.\n- (a) state the industrial instrument involved or other basis for the claim; and\n- (b) state the nature of the work undertaken by the employee the subject of the claim; and\n- (c) state that the applicant, and any other person eligible to make an application section 476 (2) of the Act in relation to the employee, has not made an application under section 379 , 386 or 396 of the Act for the same matter; and\n- (d) state details, in itemised form, of the claim; and\n- (e) state the dates the amounts claimed became payable; and\n- (f) state the total amount claimed; and Note— Under section 476 (1) of the Act , a claim can not be made for more than $50,000.\n- (g) show how each calculation was made; and\n- (h) provide the following information— (i) the employer’s name, address and telephone and fax number (if any); (ii) if the employer is a business—a contact name for the employer; (iii) if the employer has no telephone—a way the employer may be contacted by telephone.\n- (i) the employer’s name, address and telephone and fax number (if any);\n- (ii) if the employer is a business—a contact name for the employer;\n- (iii) if the employer has no telephone—a way the employer may be contacted by telephone.\n- (i) the employer’s name, address and telephone and fax number (if any);\n- (ii) if the employer is a business—a contact name for the employer;\n- (iii) if the employer has no telephone—a way the employer may be contacted by telephone.","sortOrder":92},{"sectionNumber":"sec.77","sectionType":"section","heading":"Application for order about representation rights of employee organisations","content":"### sec.77 Application for order about representation rights of employee organisations\n\nAn application for an order about a demarcation dispute under section 479 of the Act must be in the approved form.\nr 77 amd 2017 SL No. 26 s 25 ; 2021 SL No. 10 s 55 ; 2023 SL No. 157 s 6","sortOrder":93},{"sectionNumber":"sec.78","sectionType":"section","heading":"Application to reopen","content":"### sec.78 Application to reopen\n\nAn application to reopen proceedings under section 484 of the Act must be in the approved form and state the grounds relied on.\nr 78 amd 2017 SL No. 26 s 26 ; 2021 SL No. 10 s 55","sortOrder":94},{"sectionNumber":"sec.79","sectionType":"section","heading":"Application to refer matter to full bench","content":"### sec.79 Application to refer matter to full bench\n\nAn application to refer a matter to the full bench under section 486 (4) of the Act must be in the approved form, unless the president or registrar allows otherwise.\nr 79 amd 2012 Act No. 22 s 27 ; 2015 Act No. 13 s 37BB ; 2017 SL No. 26 s 27 ; 2021 SL No. 10 s 55","sortOrder":95},{"sectionNumber":"sec.80","sectionType":"section","heading":"Application for interpretation of industrial instrument","content":"### sec.80 Application for interpretation of industrial instrument\n\nAn application for an interpretation of an industrial instrument under section 467 of the Act must—\nbe in the approved form; and\nstate the title of any relevant Act, industrial instrument or related document and the number of the section or clause under which the question arises; and\nstate the questions to be answered; and\nbe accompanied by a statement, signed by all parties to the proceeding, of the agreed facts relied on for the application.\nSubrule (1) (d) does not apply to an application by an inspector relating to an alleged ambiguity.\nr 80 amd 2017 SL No. 26 s 28 ; 2021 SL No. 10 s 55\n(sec.80-ssec.1) An application for an interpretation of an industrial instrument under section 467 of the Act must— be in the approved form; and state the title of any relevant Act, industrial instrument or related document and the number of the section or clause under which the question arises; and state the questions to be answered; and be accompanied by a statement, signed by all parties to the proceeding, of the agreed facts relied on for the application.\n(sec.80-ssec.2) Subrule (1) (d) does not apply to an application by an inspector relating to an alleged ambiguity.\n- (a) be in the approved form; and\n- (b) state the title of any relevant Act, industrial instrument or related document and the number of the section or clause under which the question arises; and\n- (c) state the questions to be answered; and\n- (d) be accompanied by a statement, signed by all parties to the proceeding, of the agreed facts relied on for the application.","sortOrder":96},{"sectionNumber":"sec.80A","sectionType":"section","heading":"Application for exemption or renewal of exemption— Anti-Discrimination Act 1991 , s 113","content":"### sec.80A Application for exemption or renewal of exemption— Anti-Discrimination Act 1991 , s 113\n\nAn application under the Anti-Discrimination Act 1991 , section 113 for an exemption, or renewal of an exemption, from the operation of a specified provision of that Act must—\nbe in the approved form; and\nstate—\nthe provision of that Act from which an exemption is sought; and\nthe period, or further period, for which the exemption is sought; and\nthe person, people or class of people for whom the exemption is sought; and\nthe grounds on which the application is made; and\nbe accompanied by a statement made by, or for, the applicant setting out detailed information in support of the application.\nr 80A ins 2017 SL No. 26 s 29\n- (a) be in the approved form; and\n- (b) state— (i) the provision of that Act from which an exemption is sought; and (ii) the period, or further period, for which the exemption is sought; and (iii) the person, people or class of people for whom the exemption is sought; and (iv) the grounds on which the application is made; and\n- (i) the provision of that Act from which an exemption is sought; and\n- (ii) the period, or further period, for which the exemption is sought; and\n- (iii) the person, people or class of people for whom the exemption is sought; and\n- (iv) the grounds on which the application is made; and\n- (c) be accompanied by a statement made by, or for, the applicant setting out detailed information in support of the application.\n- (i) the provision of that Act from which an exemption is sought; and\n- (ii) the period, or further period, for which the exemption is sought; and\n- (iii) the person, people or class of people for whom the exemption is sought; and\n- (iv) the grounds on which the application is made; and","sortOrder":97},{"sectionNumber":"sec.80B","sectionType":"section","heading":"Application for order protecting complainant’s interests— Anti-Discrimination Act 1991 , s 144","content":"### sec.80B Application for order protecting complainant’s interests— Anti-Discrimination Act 1991 , s 144\n\nThis rule applies if a person applies to the commission for an order under the Anti-Discrimination Act 1991 , section 144 in relation to a complaint under that Act.\nThe application must be in the approved form and served at least 2 days before the commission hears the application.\nThe applicant must also serve the application and any documents filed in support of the application on—\nif the applicant is the complainant—the human rights commissioner; or\nif the applicant is the human rights commissioner—the complainant.\nIf the commission is satisfied exceptional circumstances exist in relation to the application, the commission may hear the application even if the applicant has not complied with rule 24 or subrule (3) .\nIn this rule—\ncomplainant see the Anti-Discrimination Act 1991 , schedule.\nr 80B ins 2017 SL No. 26 s 29\namd 2019 Act No. 5 s 146\n(sec.80B-ssec.1) This rule applies if a person applies to the commission for an order under the Anti-Discrimination Act 1991 , section 144 in relation to a complaint under that Act.\n(sec.80B-ssec.2) The application must be in the approved form and served at least 2 days before the commission hears the application.\n(sec.80B-ssec.3) The applicant must also serve the application and any documents filed in support of the application on— if the applicant is the complainant—the human rights commissioner; or if the applicant is the human rights commissioner—the complainant.\n(sec.80B-ssec.4) If the commission is satisfied exceptional circumstances exist in relation to the application, the commission may hear the application even if the applicant has not complied with rule 24 or subrule (3) .\n(sec.80B-ssec.5) In this rule— complainant see the Anti-Discrimination Act 1991 , schedule.\n- (a) if the applicant is the complainant—the human rights commissioner; or\n- (b) if the applicant is the human rights commissioner—the complainant.","sortOrder":98},{"sectionNumber":"sec.80C","sectionType":"section","heading":"Giving copy of order protecting complainant’s interests— Anti-Discrimination Act 1991 , s 144","content":"### sec.80C Giving copy of order protecting complainant’s interests— Anti-Discrimination Act 1991 , s 144\n\nIf the commission makes an order under the Anti-Discrimination Act 1991 , section 144 in relation to a complaint under that Act, the applicant must promptly give a copy of the order to—\neach party to the proceeding; and\nthe human rights commissioner, if the applicant is not the human rights commissioner; and\nany other person the commission directs to be given a copy of the order.\nHowever, the commission may order the registrar to give a copy of the order to a person mentioned in subrule (1) or may order that the copy be given to the person in a particular way.\nIf the commission orders the registrar to give a copy of the order to a person mentioned in subrule (1) , the applicant is exempt from the requirement to give the order to the person under the subrule.\nr 80C ins 2017 SL No. 26 s 29\namd 2019 Act No. 5 s 147\n(sec.80C-ssec.1) If the commission makes an order under the Anti-Discrimination Act 1991 , section 144 in relation to a complaint under that Act, the applicant must promptly give a copy of the order to— each party to the proceeding; and the human rights commissioner, if the applicant is not the human rights commissioner; and any other person the commission directs to be given a copy of the order.\n(sec.80C-ssec.2) However, the commission may order the registrar to give a copy of the order to a person mentioned in subrule (1) or may order that the copy be given to the person in a particular way.\n(sec.80C-ssec.3) If the commission orders the registrar to give a copy of the order to a person mentioned in subrule (1) , the applicant is exempt from the requirement to give the order to the person under the subrule.\n- (a) each party to the proceeding; and\n- (b) the human rights commissioner, if the applicant is not the human rights commissioner; and\n- (c) any other person the commission directs to be given a copy of the order.","sortOrder":99},{"sectionNumber":"sec.80D","sectionType":"section","heading":"Application for review of decision about complaint lapsing— Anti-Discrimination Act 1991 , s 169","content":"### sec.80D Application for review of decision about complaint lapsing— Anti-Discrimination Act 1991 , s 169\n\nThis rule applies to an application for a review of the human rights commissioner’s decision about a complaint lapsing under the Anti-Discrimination Act 1991 , section 169 .\nThe application must—\nbe in the approved form; and\nbe accompanied by a written statement by the applicant of the reasons why the human rights commissioner’s decision should be changed.\nr 80D ins 2017 SL No. 26 s 29\namd 2019 Act No. 5 s 148\n(sec.80D-ssec.1) This rule applies to an application for a review of the human rights commissioner’s decision about a complaint lapsing under the Anti-Discrimination Act 1991 , section 169 .\n(sec.80D-ssec.2) The application must— be in the approved form; and be accompanied by a written statement by the applicant of the reasons why the human rights commissioner’s decision should be changed.\n- (a) be in the approved form; and\n- (b) be accompanied by a written statement by the applicant of the reasons why the human rights commissioner’s decision should be changed.","sortOrder":100},{"sectionNumber":"sec.80E","sectionType":"section","heading":"Commission to give human rights commissioner and parties copy of reasons for decision","content":"### sec.80E Commission to give human rights commissioner and parties copy of reasons for decision\n\nThis section applies if the commission gives a party to a proceeding under the Anti-Discrimination Act 1991 written reasons for a decision in the proceeding.\nThe commission must also give a copy of the reasons to—\neach other party to the proceeding who has not already been given a copy of the reasons; and\nthe human rights commissioner, if the commissioner has not already been given a copy of the reasons.\nr 80E ins 2017 SL No. 26 s 29\namd 2019 Act No. 5 s 149\n(sec.80E-ssec.1) This section applies if the commission gives a party to a proceeding under the Anti-Discrimination Act 1991 written reasons for a decision in the proceeding.\n(sec.80E-ssec.2) The commission must also give a copy of the reasons to— each other party to the proceeding who has not already been given a copy of the reasons; and the human rights commissioner, if the commissioner has not already been given a copy of the reasons.\n- (a) each other party to the proceeding who has not already been given a copy of the reasons; and\n- (b) the human rights commissioner, if the commissioner has not already been given a copy of the reasons.","sortOrder":101},{"sectionNumber":"sec.81","sectionType":"section","heading":"Application for injunction—Public Interest Disclosure Act 2010","content":"### sec.81 Application for injunction—Public Interest Disclosure Act 2010\n\nAn application for an injunction under the Public Interest Disclosure Act 2010 , section 48 must—\nbe in the approved form; and\nstate the facts relied on.\nr 81 amd 2021 SL No. 10 s 55\n- (a) be in the approved form; and\n- (b) state the facts relied on.","sortOrder":102},{"sectionNumber":"sec.82","sectionType":"section","heading":null,"content":"### Section sec.82\n\nr 82 om 2014 SL No. 143 s 13","sortOrder":103},{"sectionNumber":"sec.83","sectionType":"section","heading":"Application for reinstatement order for injured worker— Workers’ Compensation and Rehabilitation Act 2003","content":"### sec.83 Application for reinstatement order for injured worker— Workers’ Compensation and Rehabilitation Act 2003\n\nAn application for an order that an employer reinstate a worker to the worker’s former position under the Workers’ Compensation and Rehabilitation Act 2003 , section 232E must—\nbe in the approved form; and\nstate the date of the injury; and\nstate the worker’s former position.\nr 83 amd 2021 SL No. 10 s 55\n- (a) be in the approved form; and\n- (b) state the date of the injury; and\n- (c) state the worker’s former position.","sortOrder":104},{"sectionNumber":"sec.84","sectionType":"section","heading":"Application to disqualify health and safety representative— Work Health and Safety Act 2011","content":"### sec.84 Application to disqualify health and safety representative— Work Health and Safety Act 2011\n\nAn application to disqualify a health and safety representative under the Work Health and Safety Act 2011 , section 65 must—\nbe in the approved form; and\nstate the ground for the application.\nSee the Work Health and Safety Act 2011 , section 65 (1) for the grounds for the application.\nr 84 amd 2021 SL No. 10 s 55\n- (a) be in the approved form; and\n- (b) state the ground for the application. Note— See the Work Health and Safety Act 2011 , section 65 (1) for the grounds for the application.","sortOrder":105},{"sectionNumber":"sec.85","sectionType":"section","heading":"Application to revoke WHS entry permit— Work Health and Safety Act 2011","content":"### sec.85 Application to revoke WHS entry permit— Work Health and Safety Act 2011\n\nAn application to revoke a WHS entry permit under the Work Health and Safety Act 2011 , section 138 must—\nbe in the approved form; and\nstate the grounds for the application.\nSee the Work Health and Safety Act 2011 , section 138 (2) for the grounds for the application.\n- (a) be in the approved form; and\n- (b) state the grounds for the application. Note— See the Work Health and Safety Act 2011 , section 138 (2) for the grounds for the application.","sortOrder":106},{"sectionNumber":"sec.86","sectionType":"section","heading":"Show cause notice for WHS entry permit holder— Work Health and Safety Act 2011","content":"### sec.86 Show cause notice for WHS entry permit holder— Work Health and Safety Act 2011\n\nA show cause notice under the Work Health and Safety Act 2011 , section 139 (1) (a) must be in the approved form.\nSee also the Work Health and Safety Act 2011 , section 139 (2) for other requirements about the show cause notice.","sortOrder":107},{"sectionNumber":"sec.87","sectionType":"section","heading":"Application to deal with dispute about WHS entry permit holder’s right of entry— Work Health and Safety Act 2011","content":"### sec.87 Application to deal with dispute about WHS entry permit holder’s right of entry— Work Health and Safety Act 2011\n\nAn application under the Work Health and Safety Act 2011 , section 142 (4) (b) for the commission to deal with a dispute about the exercise or purported exercise by a WHS entry permit holder of a right of entry under that Act must be in the approved form.","sortOrder":108},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Registrar’s functions and powers","content":"## Registrar’s functions and powers","sortOrder":109},{"sectionNumber":"sec.88","sectionType":"section","heading":"Powers","content":"### sec.88 Powers\n\nFor a matter in which the registrar has jurisdiction under the Act or an enabling Act, including under a reference by the court or commission, the registrar may—\ncall persons by attendance notice; and\ntake affidavits; and\nexamine parties and witnesses; and\nadjourn a matter or hearing; and\namend or give leave to amend an application, notice or other proceeding; and\nextend the time prescribed for lodging a document or doing an act (whether or not the time has expired); and\nmake an order about the following—\nan application in a proceeding to be taken before the hearing;\nthe costs of an application in a proceeding;\nthe issues to be submitted to the court or commission;\nthe naming and joining of parties;\nthe persons to be served with notice of a proceeding;\nparticulars of the claims of parties;\na notice to admit facts or documents;\ndisclosure;\ninspection of documents;\nexamination of witnesses;\nthe place, time and nature of a hearing.\nIf the registrar exercises a power under subrule (1) on the application of a party, the registrar may exercise the power on the terms the registrar considers appropriate.\n(sec.88-ssec.1) For a matter in which the registrar has jurisdiction under the Act or an enabling Act, including under a reference by the court or commission, the registrar may— call persons by attendance notice; and take affidavits; and examine parties and witnesses; and adjourn a matter or hearing; and amend or give leave to amend an application, notice or other proceeding; and extend the time prescribed for lodging a document or doing an act (whether or not the time has expired); and make an order about the following— an application in a proceeding to be taken before the hearing; the costs of an application in a proceeding; the issues to be submitted to the court or commission; the naming and joining of parties; the persons to be served with notice of a proceeding; particulars of the claims of parties; a notice to admit facts or documents; disclosure; inspection of documents; examination of witnesses; the place, time and nature of a hearing.\n(sec.88-ssec.2) If the registrar exercises a power under subrule (1) on the application of a party, the registrar may exercise the power on the terms the registrar considers appropriate.\n- (a) call persons by attendance notice; and\n- (b) take affidavits; and\n- (c) examine parties and witnesses; and\n- (d) adjourn a matter or hearing; and\n- (e) amend or give leave to amend an application, notice or other proceeding; and\n- (f) extend the time prescribed for lodging a document or doing an act (whether or not the time has expired); and\n- (g) make an order about the following— (i) an application in a proceeding to be taken before the hearing; (ii) the costs of an application in a proceeding; (iii) the issues to be submitted to the court or commission; (iv) the naming and joining of parties; (v) the persons to be served with notice of a proceeding; (vi) particulars of the claims of parties; (vii) a notice to admit facts or documents; (viii) disclosure; (ix) inspection of documents; (x) examination of witnesses; (xi) the place, time and nature of a hearing.\n- (i) an application in a proceeding to be taken before the hearing;\n- (ii) the costs of an application in a proceeding;\n- (iii) the issues to be submitted to the court or commission;\n- (iv) the naming and joining of parties;\n- (v) the persons to be served with notice of a proceeding;\n- (vi) particulars of the claims of parties;\n- (vii) a notice to admit facts or documents;\n- (viii) disclosure;\n- (ix) inspection of documents;\n- (x) examination of witnesses;\n- (xi) the place, time and nature of a hearing.\n- (i) an application in a proceeding to be taken before the hearing;\n- (ii) the costs of an application in a proceeding;\n- (iii) the issues to be submitted to the court or commission;\n- (iv) the naming and joining of parties;\n- (v) the persons to be served with notice of a proceeding;\n- (vi) particulars of the claims of parties;\n- (vii) a notice to admit facts or documents;\n- (viii) disclosure;\n- (ix) inspection of documents;\n- (x) examination of witnesses;\n- (xi) the place, time and nature of a hearing.","sortOrder":110},{"sectionNumber":"sec.88A","sectionType":"section","heading":"Conducting secret ballot","content":"### sec.88A Conducting secret ballot\n\nThis rule provides for the things to be done under section 489 (2) (b) of the Act for the conduct of a secret ballot.\nUnless the commission otherwise directs, the registrar is the returning officer at the ballot.\nThe returning officer must compile a roll of persons entitled to vote at the ballot from—\nthe registers kept under section 341 or 732 of the Act ; or\nany other list requested by the returning officer.\nThe returning officer may—\nappoint presiding officers, poll clerks, scrutineers, and other persons as officers to assist with conducting the ballot; and\nappoint a person mentioned in paragraph (a) as a deputy returning officer.\nOnly the following persons may enter the ballot room—\npersons who are present to vote;\nthe returning officer;\npersons appointed under subrule (4) .\nThe ballot may be taken only by voting papers.\nThe returning officer or deputy returning officer must give a voter—\na voting paper in the approved form; and\nanything else necessary for taking the ballot.\nA voter is entitled to 1 vote only.\nThe returning officer or deputy returning officer must, as soon as practicable after the poll closes, count the votes received.\nThe returning officer must keep all voting papers, rolls and documents used at the ballot for at least 1 year.\nr 88A (prev r 184) amd 2017 SL No. 26 s 83 (1) – (2)\nreloc and renum 2017 SL No. 26 s 83 (3)\n(sec.88A-ssec.1) This rule provides for the things to be done under section 489 (2) (b) of the Act for the conduct of a secret ballot.\n(sec.88A-ssec.2) Unless the commission otherwise directs, the registrar is the returning officer at the ballot.\n(sec.88A-ssec.3) The returning officer must compile a roll of persons entitled to vote at the ballot from— the registers kept under section 341 or 732 of the Act ; or any other list requested by the returning officer.\n(sec.88A-ssec.4) The returning officer may— appoint presiding officers, poll clerks, scrutineers, and other persons as officers to assist with conducting the ballot; and appoint a person mentioned in paragraph (a) as a deputy returning officer.\n(sec.88A-ssec.5) Only the following persons may enter the ballot room— persons who are present to vote; the returning officer; persons appointed under subrule (4) .\n(sec.88A-ssec.6) The ballot may be taken only by voting papers.\n(sec.88A-ssec.7) The returning officer or deputy returning officer must give a voter— a voting paper in the approved form; and anything else necessary for taking the ballot.\n(sec.88A-ssec.8) A voter is entitled to 1 vote only.\n(sec.88A-ssec.9) The returning officer or deputy returning officer must, as soon as practicable after the poll closes, count the votes received.\n(sec.88A-ssec.10) The returning officer must keep all voting papers, rolls and documents used at the ballot for at least 1 year.\n- (a) the registers kept under section 341 or 732 of the Act ; or\n- (b) any other list requested by the returning officer.\n- (a) appoint presiding officers, poll clerks, scrutineers, and other persons as officers to assist with conducting the ballot; and\n- (b) appoint a person mentioned in paragraph (a) as a deputy returning officer.\n- (a) persons who are present to vote;\n- (b) the returning officer;\n- (c) persons appointed under subrule (4) .\n- (a) a voting paper in the approved form; and\n- (b) anything else necessary for taking the ballot.","sortOrder":111},{"sectionNumber":"sec.88B","sectionType":"section","heading":"Notice of appeal to human rights commissioner— Anti-Discrimination Act 1991","content":"### sec.88B Notice of appeal to human rights commissioner— Anti-Discrimination Act 1991\n\nThis rule applies if—\na person appeals against a decision of the commission made under the Anti-Discrimination Act 1991 ; and\nthe person is not the human rights commissioner.\nThe registrar must give notice of the appeal to the human rights commissioner.\nr 88B ins 2017 SL No. 26 s 30\namd 2019 Act No. 5 s 150\n(sec.88B-ssec.1) This rule applies if— a person appeals against a decision of the commission made under the Anti-Discrimination Act 1991 ; and the person is not the human rights commissioner.\n(sec.88B-ssec.2) The registrar must give notice of the appeal to the human rights commissioner.\n- (a) a person appeals against a decision of the commission made under the Anti-Discrimination Act 1991 ; and\n- (b) the person is not the human rights commissioner.","sortOrder":112},{"sectionNumber":"sec.89","sectionType":"section","heading":"Notice of objection to proposed declaration— Trading (Allowable Hours) Act 1990","content":"### sec.89 Notice of objection to proposed declaration— Trading (Allowable Hours) Act 1990\n\nA notice of objection to a proposal to declare an industrial commission order to be obsolete under the Trading (Allowable Hours) Act 1990 , section 31 must—\nbe in the approved form; and\nstate the reasons for the objection.\n- (a) be in the approved form; and\n- (b) state the reasons for the objection.","sortOrder":113},{"sectionNumber":"sec.90","sectionType":"section","heading":"Application for WHS entry permit— Work Health and Safety Act 2011","content":"### sec.90 Application for WHS entry permit— Work Health and Safety Act 2011\n\nAn application for the issue of a WHS entry permit under the Work Health and Safety Act 2011 , section 131 must be in the approved form.\nSee also rule 10 and the Work Health and Safety Act 2011 , section 131 (2) for other requirements about the application.\nr 90 amd 2021 SL No. 10 s 26","sortOrder":114},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Practice","content":"## Practice","sortOrder":115},{"sectionNumber":"sec.91","sectionType":"section","heading":"Using recording devices","content":"### sec.91 Using recording devices\n\nA person who is not a recorder under the Recording of Evidence Act 1962 must not use a recording device in a proceeding unless the court, commission or registrar allows it.","sortOrder":116},{"sectionNumber":"sec.92","sectionType":"section","heading":"Practice directions","content":"### sec.92 Practice directions\n\nThe court, commission or registrar may, by notice published on the QIRC website, issue practice directions for the guidance of parties to a proceeding.\nr 92 amd 2021 SL No. 10 s 27","sortOrder":117},{"sectionNumber":"sec.93","sectionType":"section","heading":"Extension or shortening of time","content":"### sec.93 Extension or shortening of time\n\nSubject to the Act , an enabling Act or these rules, a party to a proceeding may apply to the court, commission or registrar to extend or shorten the time prescribed for doing anything.\nThe application may be joined with or form part of a document starting a proceeding.\nIf the court, commission or registrar decides to extend or shorten the prescribed time, the court, commission or registrar must give notice of its decision to each party to the proceeding to which the application relates.\n(sec.93-ssec.1) Subject to the Act , an enabling Act or these rules, a party to a proceeding may apply to the court, commission or registrar to extend or shorten the time prescribed for doing anything.\n(sec.93-ssec.2) The application may be joined with or form part of a document starting a proceeding.\n(sec.93-ssec.3) If the court, commission or registrar decides to extend or shorten the prescribed time, the court, commission or registrar must give notice of its decision to each party to the proceeding to which the application relates.","sortOrder":118},{"sectionNumber":"sec.94","sectionType":"section","heading":"Exhibits not to be taken out","content":"### sec.94 Exhibits not to be taken out\n\nA party to a proceeding must not take an exhibit out of the court, commission or registry other than under an order of the court, commission or registrar.","sortOrder":119},{"sectionNumber":"sec.94A","sectionType":"section","heading":"Disposal of exhibits","content":"### sec.94A Disposal of exhibits\n\nThis rule applies to an exhibit held by the court, commission or registrar in a finalised proceeding.\nThe registrar may give notice in the approved form to a party, an agent for a party or any other person who appears to the registrar to be the owner or person entitled to possession of the exhibit, to collect the exhibit from the registry within 28 days.\nIf the exhibit is not collected from the registry within 3 months after the notice is given, the registrar may destroy or otherwise dispose of the exhibit in the way the registrar considers appropriate.\nThe court, commission or registrar may, at any time, make an order about the return, destruction or other disposal of an exhibit.\nIf the registrar returns, destroys or otherwise disposes of an exhibit under this rule, the registrar must ensure a note is placed on the file specifying the exhibit and details of the person to whom it was returned or the way in which it was destroyed or otherwise disposed of.\nIn this rule—\nfinalised proceeding means a proceeding—\nthat has been discontinued; or\nin relation to which a party has notified the registrar that the proceeding has been settled or otherwise ended other than by discontinuance or the granting of final relief; or\nthat has been struck out under rule 185A or 231 ; or\nin which final relief has been granted if 3 months have passed since final relief was granted and no appeal, application for a new hearing or application for judicial review in relation to the proceeding has been filed.\nr 94A ins 2021 SL No. 10 s 28\n(sec.94A-ssec.1) This rule applies to an exhibit held by the court, commission or registrar in a finalised proceeding.\n(sec.94A-ssec.2) The registrar may give notice in the approved form to a party, an agent for a party or any other person who appears to the registrar to be the owner or person entitled to possession of the exhibit, to collect the exhibit from the registry within 28 days.\n(sec.94A-ssec.3) If the exhibit is not collected from the registry within 3 months after the notice is given, the registrar may destroy or otherwise dispose of the exhibit in the way the registrar considers appropriate.\n(sec.94A-ssec.4) The court, commission or registrar may, at any time, make an order about the return, destruction or other disposal of an exhibit.\n(sec.94A-ssec.5) If the registrar returns, destroys or otherwise disposes of an exhibit under this rule, the registrar must ensure a note is placed on the file specifying the exhibit and details of the person to whom it was returned or the way in which it was destroyed or otherwise disposed of.\n(sec.94A-ssec.6) In this rule— finalised proceeding means a proceeding— that has been discontinued; or in relation to which a party has notified the registrar that the proceeding has been settled or otherwise ended other than by discontinuance or the granting of final relief; or that has been struck out under rule 185A or 231 ; or in which final relief has been granted if 3 months have passed since final relief was granted and no appeal, application for a new hearing or application for judicial review in relation to the proceeding has been filed.\n- (a) that has been discontinued; or\n- (b) in relation to which a party has notified the registrar that the proceeding has been settled or otherwise ended other than by discontinuance or the granting of final relief; or\n- (c) that has been struck out under rule 185A or 231 ; or\n- (d) in which final relief has been granted if 3 months have passed since final relief was granted and no appeal, application for a new hearing or application for judicial review in relation to the proceeding has been filed.","sortOrder":120},{"sectionNumber":"sec.95","sectionType":"section","heading":"Correcting errors","content":"### sec.95 Correcting errors\n\nThe court, commission or registrar may correct an error in an industrial instrument, order or direction.\nThe court, commission or registrar may act on—\nthe initiative of the court, commission or registrar; or\nthe application of an interested party.\nIn this rule—\nerror means a clerical mistake, misnomer, inaccurate description, omission or other manifest defect or irregularity.\n(sec.95-ssec.1) The court, commission or registrar may correct an error in an industrial instrument, order or direction.\n(sec.95-ssec.2) The court, commission or registrar may act on— the initiative of the court, commission or registrar; or the application of an interested party.\n(sec.95-ssec.3) In this rule— error means a clerical mistake, misnomer, inaccurate description, omission or other manifest defect or irregularity.\n- (a) the initiative of the court, commission or registrar; or\n- (b) the application of an interested party.","sortOrder":121},{"sectionNumber":"sec.96","sectionType":"section","heading":"Continuance of proceedings—death of party","content":"### sec.96 Continuance of proceedings—death of party\n\nA proceeding does not end because of the death of a party.\nHowever, a person can not take any further step in the proceeding without—\nan order of the court, commission or registrar; and\nfollowing directions given by the court, commission or registrar about how to proceed.\n(sec.96-ssec.1) A proceeding does not end because of the death of a party.\n(sec.96-ssec.2) However, a person can not take any further step in the proceeding without— an order of the court, commission or registrar; and following directions given by the court, commission or registrar about how to proceed.\n- (a) an order of the court, commission or registrar; and\n- (b) following directions given by the court, commission or registrar about how to proceed.","sortOrder":122},{"sectionNumber":"sec.97","sectionType":"section","heading":"Publishing decisions etc.","content":"### sec.97 Publishing decisions etc.\n\nThe registrar may publish on the QIRC website—\na decision of the court, commission or registrar; and\nnotice of the making or amendment of a bargaining instrument.\nThe registrar must, if the commission directs, publish an amendment of a bargaining instrument on the QIRC website.\nFor other documents the registrar must publish on the QIRC website, see sections 160 , 161 , 215 , 230 and 459 of the Act .\nThe court, commission or registrar may, in the public interest or for another reason the court, commission or registrar considers appropriate—\nwithhold publication of a document; or\nmodify a document, before publication, in a way that does not affect the essence of the document.\nr 97 amd 2017 SL No. 26 s 31\n(sec.97-ssec.1) The registrar may publish on the QIRC website— a decision of the court, commission or registrar; and notice of the making or amendment of a bargaining instrument.\n(sec.97-ssec.2) The registrar must, if the commission directs, publish an amendment of a bargaining instrument on the QIRC website. For other documents the registrar must publish on the QIRC website, see sections 160 , 161 , 215 , 230 and 459 of the Act .\n(sec.97-ssec.3) The court, commission or registrar may, in the public interest or for another reason the court, commission or registrar considers appropriate— withhold publication of a document; or modify a document, before publication, in a way that does not affect the essence of the document.\n- (a) a decision of the court, commission or registrar; and\n- (b) notice of the making or amendment of a bargaining instrument.\n- (a) withhold publication of a document; or\n- (b) modify a document, before publication, in a way that does not affect the essence of the document.","sortOrder":123},{"sectionNumber":"sec.98","sectionType":"section","heading":"Joining proceedings","content":"### sec.98 Joining proceedings\n\nA party to a proceeding before the court or commission may apply to the court or commission for the proceeding to be joined with another proceeding.\nThe court or commission may order 2 or more proceedings to be joined if it considers—\nsubstantially the same question is involved in the proceedings; or\nthe decision in 1 proceeding is likely to determine or seriously impact on the other proceedings; or\nit is otherwise appropriate or desirable.\nWhen joining proceedings, it is not necessary—\nfor a written order joining the proceedings to be made; or\nfor the parties to consent.\nIf a party claims to be adversely affected by the joining of proceedings, the party may apply to separate the proceedings by advising the registrar and any other affected party in writing before the hearing of the proceeding.\nr 98 amd 2017 SL No. 26 s 32\n(sec.98-ssec.1) A party to a proceeding before the court or commission may apply to the court or commission for the proceeding to be joined with another proceeding.\n(sec.98-ssec.2) The court or commission may order 2 or more proceedings to be joined if it considers— substantially the same question is involved in the proceedings; or the decision in 1 proceeding is likely to determine or seriously impact on the other proceedings; or it is otherwise appropriate or desirable.\n(sec.98-ssec.3) When joining proceedings, it is not necessary— for a written order joining the proceedings to be made; or for the parties to consent.\n(sec.98-ssec.4) If a party claims to be adversely affected by the joining of proceedings, the party may apply to separate the proceedings by advising the registrar and any other affected party in writing before the hearing of the proceeding.\n- (a) substantially the same question is involved in the proceedings; or\n- (b) the decision in 1 proceeding is likely to determine or seriously impact on the other proceedings; or\n- (c) it is otherwise appropriate or desirable.\n- (a) for a written order joining the proceedings to be made; or\n- (b) for the parties to consent.","sortOrder":124},{"sectionNumber":"sec.99","sectionType":"section","heading":"Commission acting on own initiative","content":"### sec.99 Commission acting on own initiative\n\nIf the commission acts on its own initiative—\nthe commission must notify the registrar in writing; and\nthe registrar must record the matter and take any action the commission directs.\n- (a) the commission must notify the registrar in writing; and\n- (b) the registrar must record the matter and take any action the commission directs.","sortOrder":125},{"sectionNumber":"sec.100","sectionType":"section","heading":"Registrar may refer certain documents to court or commission","content":"### sec.100 Registrar may refer certain documents to court or commission\n\nThis rule applies if the registrar considers a document for filing is—\nan abuse of the process of the court or commission; or\nfrivolous or vexatious.\nThe registrar may refer the document to the court or commission before filing it.\nThe court or commission may direct the registrar—\nto file the document; or\nto refuse to file the document.\n(sec.100-ssec.1) This rule applies if the registrar considers a document for filing is— an abuse of the process of the court or commission; or frivolous or vexatious.\n(sec.100-ssec.2) The registrar may refer the document to the court or commission before filing it.\n(sec.100-ssec.3) The court or commission may direct the registrar— to file the document; or to refuse to file the document.\n- (a) an abuse of the process of the court or commission; or\n- (b) frivolous or vexatious.\n- (a) to file the document; or\n- (b) to refuse to file the document.","sortOrder":126},{"sectionNumber":"pt.3","sectionType":"part","heading":"Proceedings before magistrates","content":"# Proceedings before magistrates","sortOrder":127},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Claims","content":"## Claims","sortOrder":128},{"sectionNumber":"sec.101","sectionType":"section","heading":"Application of div 1","content":"### sec.101 Application of div 1\n\nThis division applies to the following claims—\na claim for compensation under section 122 of the Act ;\na claim under chapter 9 , part 2 , division 2 of the Act ;\na claim for damages for contravention of an agreement made under an industrial instrument;\na claim for damages suffered by an employee because the employer failed to pay the employee’s wages;\na claim under section 379 of the Act ;\na claim for unpaid superannuation under section 396 of the Act ;\na claim for repayment of a fee under section 402 of the Act ;\na claim for the recovery of a debt under the Workers’ Compensation and Rehabilitation Act 2003 , section 580 or 581 ;\na fair work claim.\nr 101 amd 2017 SL No. 26 s 33 ; 2022 SL No. 100 s 8\n- (a) a claim for compensation under section 122 of the Act ;\n- (b) a claim under chapter 9 , part 2 , division 2 of the Act ;\n- (c) a claim for damages for contravention of an agreement made under an industrial instrument;\n- (d) a claim for damages suffered by an employee because the employer failed to pay the employee’s wages;\n- (e) a claim under section 379 of the Act ;\n- (f) a claim for unpaid superannuation under section 396 of the Act ;\n- (g) a claim for repayment of a fee under section 402 of the Act ;\n- (h) a claim for the recovery of a debt under the Workers’ Compensation and Rehabilitation Act 2003 , section 580 or 581 ;\n- (i) a fair work claim.","sortOrder":129},{"sectionNumber":"sec.102","sectionType":"section","heading":"Starting a claim","content":"### sec.102 Starting a claim\n\nA claim must be started by an application in the approved form.\nThe application must be signed by a justice of the peace.\nTwo or more claims may be joined in 1 proceeding.\nAn application for a claim may be filed in a registry of a Magistrates Court.\nA proceeding for a claim is started—\nwhen the application for the claim is filed under subrule (4) ; and\nin an Industrial Magistrates Court constituted by a magistrate in the Magistrates Court in whose registry the application for the claim is filed under subrule (4) .\nr 102 amd 2021 SL No. 10 s 29\n(sec.102-ssec.1) A claim must be started by an application in the approved form.\n(sec.102-ssec.2) The application must be signed by a justice of the peace.\n(sec.102-ssec.3) Two or more claims may be joined in 1 proceeding.\n(sec.102-ssec.4) An application for a claim may be filed in a registry of a Magistrates Court.\n(sec.102-ssec.5) A proceeding for a claim is started— when the application for the claim is filed under subrule (4) ; and in an Industrial Magistrates Court constituted by a magistrate in the Magistrates Court in whose registry the application for the claim is filed under subrule (4) .\n- (a) when the application for the claim is filed under subrule (4) ; and\n- (b) in an Industrial Magistrates Court constituted by a magistrate in the Magistrates Court in whose registry the application for the claim is filed under subrule (4) .","sortOrder":130},{"sectionNumber":"sec.102A","sectionType":"section","heading":"Amending an application before hearing","content":"### sec.102A Amending an application before hearing\n\nAn application for a claim may be amended, before the hearing of the application, by the applicant in the same way as starting a claim.\nThe applicant must serve the amended application on the respondent as soon as practicable after the amended application is filed, but at least 7 clear days before the hearing.\nIf the application is amended before the original application is served on the respondent, the applicant must serve a copy of the original application and the amended application on the respondent.\nr 102A ins 2022 SL No. 100 s 9\n(sec.102A-ssec.1) An application for a claim may be amended, before the hearing of the application, by the applicant in the same way as starting a claim.\n(sec.102A-ssec.2) The applicant must serve the amended application on the respondent as soon as practicable after the amended application is filed, but at least 7 clear days before the hearing.\n(sec.102A-ssec.3) If the application is amended before the original application is served on the respondent, the applicant must serve a copy of the original application and the amended application on the respondent.","sortOrder":131},{"sectionNumber":"sec.102B","sectionType":"section","heading":"Amending an application during hearing","content":"### sec.102B Amending an application during hearing\n\nAfter the hearing of an application for a claim has started before a magistrate, the applicant may apply to the magistrate for leave to amend the application.\nIf the proposed amendments substantially alter the scope or nature of the claim, the applicant must file an amended application that incorporates the proposed amendments.\nAn amendment may be allowed or disallowed on the terms the magistrate considers appropriate.\nr 102B ins 2022 SL No. 100 s 9\n(sec.102B-ssec.1) After the hearing of an application for a claim has started before a magistrate, the applicant may apply to the magistrate for leave to amend the application.\n(sec.102B-ssec.2) If the proposed amendments substantially alter the scope or nature of the claim, the applicant must file an amended application that incorporates the proposed amendments.\n(sec.102B-ssec.3) An amendment may be allowed or disallowed on the terms the magistrate considers appropriate.","sortOrder":132},{"sectionNumber":"sec.102C","sectionType":"section","heading":"Objecting to proposed amendment of application","content":"### sec.102C Objecting to proposed amendment of application\n\nA party served with an amended application may object to the amendment—\nby filing a response in the approved form within 7 clear days after being served; or\nif the application is scheduled for hearing within the 7 days—at the hearing.\nThe response must state—\nwhether the objection is to all or part of the proposed amended application; and\nif the objection is to part of the proposed amended application—which part; and\nconcise reasons for the objection.\nThe party must immediately serve the response on all other parties to the proceeding.\nr 102C ins 2022 SL No. 100 s 9\n(sec.102C-ssec.1) A party served with an amended application may object to the amendment— by filing a response in the approved form within 7 clear days after being served; or if the application is scheduled for hearing within the 7 days—at the hearing.\n(sec.102C-ssec.2) The response must state— whether the objection is to all or part of the proposed amended application; and if the objection is to part of the proposed amended application—which part; and concise reasons for the objection.\n(sec.102C-ssec.3) The party must immediately serve the response on all other parties to the proceeding.\n- (a) by filing a response in the approved form within 7 clear days after being served; or\n- (b) if the application is scheduled for hearing within the 7 days—at the hearing.\n- (a) whether the objection is to all or part of the proposed amended application; and\n- (b) if the objection is to part of the proposed amended application—which part; and\n- (c) concise reasons for the objection.","sortOrder":133},{"sectionNumber":"sec.102D","sectionType":"section","heading":"Decision about proposed amendment of application","content":"### sec.102D Decision about proposed amendment of application\n\nIf a party objects to all or part of an amended application, the magistrate may, after hearing the objecting party, allow or disallow the proposed amendment.\nThe magistrate may make the decision on the terms the magistrate considers appropriate.\nr 102D ins 2022 SL No. 100 s 9\n(sec.102D-ssec.1) If a party objects to all or part of an amended application, the magistrate may, after hearing the objecting party, allow or disallow the proposed amendment.\n(sec.102D-ssec.2) The magistrate may make the decision on the terms the magistrate considers appropriate.","sortOrder":134},{"sectionNumber":"sec.103","sectionType":"section","heading":"Procedure","content":"### sec.103 Procedure\n\nAn application for a claim before a magistrate is to be heard and decided as if it were a complaint under the Justices Act 1886 for a charge of a simple offence.\nHowever, the time for starting a proceeding for a claim under section 379 , 396 or 402 of the Act is the time allowed under that section and not under the Justices Act 1886 .\nr 103 amd 2017 SL No. 26 s 34\n(sec.103-ssec.1) An application for a claim before a magistrate is to be heard and decided as if it were a complaint under the Justices Act 1886 for a charge of a simple offence.\n(sec.103-ssec.2) However, the time for starting a proceeding for a claim under section 379 , 396 or 402 of the Act is the time allowed under that section and not under the Justices Act 1886 .","sortOrder":135},{"sectionNumber":"sec.104","sectionType":"section","heading":"Summons","content":"### sec.104 Summons\n\nIf an application for a claim is made before a justice, the justice may issue a summons directed to the respondent requiring the respondent to appear before a magistrate at a stated time and place to answer the claim and to be further dealt with according to law.\nThe summons and a copy of the application for the claim must be served on the respondent.\nFor a proceeding under the Workers’ Compensation and Rehabilitation Act 2003 mentioned in rule 101 (h) , the summons must require the respondent to appear before a magistrate at—\nthe Magistrates Court in the Magistrates Courts district in which the respondent resides or has its registered office; or\na Magistrates Court in a division of the Brisbane Magistrates Courts district that is nearest to the respondent’s place of residence or registered office.\nThe Justices Act 1886 , section 56 applies to service of a summons as if an application for a claim were a complaint under that Act for a charge for a simple offence.\nIn this section—\napplication , for a claim, includes an amended application.\nr 104 amd 2022 SL No. 100 s 10\n(sec.104-ssec.1) If an application for a claim is made before a justice, the justice may issue a summons directed to the respondent requiring the respondent to appear before a magistrate at a stated time and place to answer the claim and to be further dealt with according to law.\n(sec.104-ssec.2) The summons and a copy of the application for the claim must be served on the respondent.\n(sec.104-ssec.3) For a proceeding under the Workers’ Compensation and Rehabilitation Act 2003 mentioned in rule 101 (h) , the summons must require the respondent to appear before a magistrate at— the Magistrates Court in the Magistrates Courts district in which the respondent resides or has its registered office; or a Magistrates Court in a division of the Brisbane Magistrates Courts district that is nearest to the respondent’s place of residence or registered office.\n(sec.104-ssec.4) The Justices Act 1886 , section 56 applies to service of a summons as if an application for a claim were a complaint under that Act for a charge for a simple offence.\n(sec.104-ssec.5) In this section— application , for a claim, includes an amended application.\n- (a) the Magistrates Court in the Magistrates Courts district in which the respondent resides or has its registered office; or\n- (b) a Magistrates Court in a division of the Brisbane Magistrates Courts district that is nearest to the respondent’s place of residence or registered office.","sortOrder":136},{"sectionNumber":"sec.105","sectionType":"section","heading":"Substituted service","content":"### sec.105 Substituted service\n\nIf, for any reason, it is impracticable to serve a document in a way required under the Justices Act 1886 in a proceeding before a magistrate, the magistrate may make an order substituting another way of serving the document.\nThe magistrate may, in the order, state the steps to be taken, instead of service, for bringing the document to the attention of the person to be served.\nbringing the document to the attention of the person by telephone or public advertisement\nThe magistrate may, in the order, state that the document is to be taken to have been served on the happening of a stated event or at the end of a stated time.\nAn application for an order under this rule must state the grounds relied on and be supported by an affidavit.\n(sec.105-ssec.1) If, for any reason, it is impracticable to serve a document in a way required under the Justices Act 1886 in a proceeding before a magistrate, the magistrate may make an order substituting another way of serving the document.\n(sec.105-ssec.2) The magistrate may, in the order, state the steps to be taken, instead of service, for bringing the document to the attention of the person to be served. bringing the document to the attention of the person by telephone or public advertisement\n(sec.105-ssec.3) The magistrate may, in the order, state that the document is to be taken to have been served on the happening of a stated event or at the end of a stated time.\n(sec.105-ssec.4) An application for an order under this rule must state the grounds relied on and be supported by an affidavit.","sortOrder":137},{"sectionNumber":"sec.106","sectionType":"section","heading":"Alternative dispute resolution process","content":"### sec.106 Alternative dispute resolution process\n\nThe Uniform Civil Procedure Rules 1999 , chapter 9 , part 4 applies to a claim with necessary changes.\nr 106 amd 2021 SL No. 10 s 30","sortOrder":138},{"sectionNumber":"sec.107","sectionType":"section","heading":"Onus of proof","content":"### sec.107 Onus of proof\n\nThe applicant for a claim bears the onus of proving the applicant’s claim on the balance of probabilities.","sortOrder":139},{"sectionNumber":"sec.108","sectionType":"section","heading":"Notice to admit facts or documents","content":"### sec.108 Notice to admit facts or documents\n\nA party to a proceeding (the first party ) may, by notice in the approved form served on another party, ask the other party to admit, for the proceeding only, the facts or documents stated in the notice.\nIf the other party does not, within 14 days after receiving a notice under subrule (1) , serve a notice on the first party disputing the facts or the authenticity of the documents, the other party is taken to admit, for the proceeding only, the stated facts or the authenticity of the stated documents.\nThe other party may, with the leave of a magistrate, withdraw an admission taken to have been made under subrule (2) .\n(sec.108-ssec.1) A party to a proceeding (the first party ) may, by notice in the approved form served on another party, ask the other party to admit, for the proceeding only, the facts or documents stated in the notice.\n(sec.108-ssec.2) If the other party does not, within 14 days after receiving a notice under subrule (1) , serve a notice on the first party disputing the facts or the authenticity of the documents, the other party is taken to admit, for the proceeding only, the stated facts or the authenticity of the stated documents.\n(sec.108-ssec.3) The other party may, with the leave of a magistrate, withdraw an admission taken to have been made under subrule (2) .","sortOrder":140},{"sectionNumber":"sec.109","sectionType":"section","heading":"Enforcement of order","content":"### sec.109 Enforcement of order\n\nThis rule applies if a magistrate orders an amount be paid for breach of an agreement made under an industrial instrument.\nThe person to whom the amount is payable may obtain from the Industrial Magistrates Court in which the order was made a certificate in the approved form stating—\nthe amount payable; and\nthe persons by and to whom the amount is payable.\nThe certificate must be signed by—\nthe magistrate; or\nthe clerk of the Magistrates Court.\nOn the filing of the certificate in a Magistrates Court, the certificate is enforceable as an order of the Magistrates Court but only to the extent of the amount of damages.\n(sec.109-ssec.1) This rule applies if a magistrate orders an amount be paid for breach of an agreement made under an industrial instrument.\n(sec.109-ssec.2) The person to whom the amount is payable may obtain from the Industrial Magistrates Court in which the order was made a certificate in the approved form stating— the amount payable; and the persons by and to whom the amount is payable.\n(sec.109-ssec.3) The certificate must be signed by— the magistrate; or the clerk of the Magistrates Court.\n(sec.109-ssec.4) On the filing of the certificate in a Magistrates Court, the certificate is enforceable as an order of the Magistrates Court but only to the extent of the amount of damages.\n- (a) the amount payable; and\n- (b) the persons by and to whom the amount is payable.\n- (a) the magistrate; or\n- (b) the clerk of the Magistrates Court.","sortOrder":141},{"sectionNumber":"sec.110","sectionType":"section","heading":"Costs and expenses","content":"### sec.110 Costs and expenses\n\nThis rule applies to the extent a magistrate may order costs in a proceeding under the Act or the Fair Work Act 2009 (Cwlth) .\nSee, for example, rule 123ZC and the Fair Work Act 2009 (Cwlth) , section 570 in relation to restrictions on a magistrate ordering costs in particular proceedings.\nA magistrate may allow costs and expenses for a proceeding for a claim under the scale of costs for Magistrates Courts under the Uniform Civil Procedure Rules 1999 , schedule 2 as if the proceeding were in a Magistrates Court.\nr 110 sub 2021 SL No. 10 s 31\n(sec.110-ssec.1) This rule applies to the extent a magistrate may order costs in a proceeding under the Act or the Fair Work Act 2009 (Cwlth) . See, for example, rule 123ZC and the Fair Work Act 2009 (Cwlth) , section 570 in relation to restrictions on a magistrate ordering costs in particular proceedings.\n(sec.110-ssec.2) A magistrate may allow costs and expenses for a proceeding for a claim under the scale of costs for Magistrates Courts under the Uniform Civil Procedure Rules 1999 , schedule 2 as if the proceeding were in a Magistrates Court.","sortOrder":142},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Proceeding for order under Electrical Safety Act 2002","content":"## Proceeding for order under Electrical Safety Act 2002","sortOrder":143},{"sectionNumber":"sec.111","sectionType":"section","heading":null,"content":"### Section sec.111\n\nr 111 amd 2013 SL No. 73 s 7\nom 2017 SL No. 26 s 35","sortOrder":144},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Proceedings for appeals","content":"## Proceedings for appeals","sortOrder":145},{"sectionNumber":"sec.112","sectionType":"section","heading":"Starting an appeal","content":"### sec.112 Starting an appeal\n\nA notice of appeal starting an appeal to a magistrate under an appeal Act must—\nfor an appeal to a magistrate under the Workers’ Compensation and Rehabilitation Act 2003 —be in the IM approved form; or\notherwise—be in the approved form.\nIn this rule—\nIM approved form means an approved form for use for notices of appeal to a magistrate under the Workers’ Compensation and Rehabilitation Act 2003 .\n(sec.112-ssec.1) A notice of appeal starting an appeal to a magistrate under an appeal Act must— for an appeal to a magistrate under the Workers’ Compensation and Rehabilitation Act 2003 —be in the IM approved form; or otherwise—be in the approved form.\n(sec.112-ssec.2) In this rule— IM approved form means an approved form for use for notices of appeal to a magistrate under the Workers’ Compensation and Rehabilitation Act 2003 .\n- (a) for an appeal to a magistrate under the Workers’ Compensation and Rehabilitation Act 2003 —be in the IM approved form; or\n- (b) otherwise—be in the approved form.","sortOrder":146},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Directions orders","content":"## Directions orders","sortOrder":147},{"sectionNumber":"sec.113","sectionType":"section","heading":"Directions orders","content":"### sec.113 Directions orders\n\nA magistrate may make an order (a directions order ) about the conduct of a proceeding on the request of a party or on the initiative of the magistrate.\nA directions order may, for example, relate to the following—\nthe parties who are to be served with applications, related material or other documents;\nrequiring evidence of the service;\nanother matter relating to service of an application;\nscheduling of conferences, mediation conferences, preliminary hearings and hearings;\nrequiring further and better particulars of an application;\nrequiring the applicant to file and serve all material to be relied on in support of the application by affidavit or another form;\nrequiring a party to respond to a notice to admit facts or documents;\nrequiring the respondent to file and serve material in reply;\nrequiring the applicant to file and serve material in reply;\nrequiring the parties—\nto confer to agree on matters that can be agreed on; and\nto identify points in issue; and\nto report back to the magistrate;\nrequiring the parties to file—\na written outline of submissions; or\nsubmissions about the subject matter of the application;\nrequiring—\nevidence to be given by affidavit; or\nstatements to be filed and served, in affidavit form, of the primary evidence of a witness;\nrequiring—\nthe identification of the provisions of any relevant legislation or industrial instruments; and\na list of cases to be relied on to be provided;\nrequiring disclosure of documents;\nrequiring inspection of documents.\n(sec.113-ssec.1) A magistrate may make an order (a directions order ) about the conduct of a proceeding on the request of a party or on the initiative of the magistrate.\n(sec.113-ssec.2) A directions order may, for example, relate to the following— the parties who are to be served with applications, related material or other documents; requiring evidence of the service; another matter relating to service of an application; scheduling of conferences, mediation conferences, preliminary hearings and hearings; requiring further and better particulars of an application; requiring the applicant to file and serve all material to be relied on in support of the application by affidavit or another form; requiring a party to respond to a notice to admit facts or documents; requiring the respondent to file and serve material in reply; requiring the applicant to file and serve material in reply; requiring the parties— to confer to agree on matters that can be agreed on; and to identify points in issue; and to report back to the magistrate; requiring the parties to file— a written outline of submissions; or submissions about the subject matter of the application; requiring— evidence to be given by affidavit; or statements to be filed and served, in affidavit form, of the primary evidence of a witness; requiring— the identification of the provisions of any relevant legislation or industrial instruments; and a list of cases to be relied on to be provided; requiring disclosure of documents; requiring inspection of documents.\n- (a) the parties who are to be served with applications, related material or other documents;\n- (b) requiring evidence of the service;\n- (c) another matter relating to service of an application;\n- (d) scheduling of conferences, mediation conferences, preliminary hearings and hearings;\n- (e) requiring further and better particulars of an application;\n- (f) requiring the applicant to file and serve all material to be relied on in support of the application by affidavit or another form;\n- (g) requiring a party to respond to a notice to admit facts or documents;\n- (h) requiring the respondent to file and serve material in reply;\n- (i) requiring the applicant to file and serve material in reply;\n- (j) requiring the parties— (i) to confer to agree on matters that can be agreed on; and (ii) to identify points in issue; and (iii) to report back to the magistrate;\n- (i) to confer to agree on matters that can be agreed on; and\n- (ii) to identify points in issue; and\n- (iii) to report back to the magistrate;\n- (k) requiring the parties to file— (i) a written outline of submissions; or (ii) submissions about the subject matter of the application;\n- (i) a written outline of submissions; or\n- (ii) submissions about the subject matter of the application;\n- (l) requiring— (i) evidence to be given by affidavit; or (ii) statements to be filed and served, in affidavit form, of the primary evidence of a witness;\n- (i) evidence to be given by affidavit; or\n- (ii) statements to be filed and served, in affidavit form, of the primary evidence of a witness;\n- (m) requiring— (i) the identification of the provisions of any relevant legislation or industrial instruments; and (ii) a list of cases to be relied on to be provided;\n- (i) the identification of the provisions of any relevant legislation or industrial instruments; and\n- (ii) a list of cases to be relied on to be provided;\n- (n) requiring disclosure of documents;\n- (o) requiring inspection of documents.\n- (i) to confer to agree on matters that can be agreed on; and\n- (ii) to identify points in issue; and\n- (iii) to report back to the magistrate;\n- (i) a written outline of submissions; or\n- (ii) submissions about the subject matter of the application;\n- (i) evidence to be given by affidavit; or\n- (ii) statements to be filed and served, in affidavit form, of the primary evidence of a witness;\n- (i) the identification of the provisions of any relevant legislation or industrial instruments; and\n- (ii) a list of cases to be relied on to be provided;","sortOrder":148},{"sectionNumber":"sec.114","sectionType":"section","heading":"Failure to attend or to comply with directions order","content":"### sec.114 Failure to attend or to comply with directions order\n\nThis rule applies if—\na party to a proceeding receives notice of a directions order made by a magistrate stating a time, date and place for a hearing or conference for the proceeding; and\nthe party fails to attend at the hearing or conference.\nThis rule also applies if—\na party to a proceeding receives notice of a directions order made by a magistrate; and\nthe party fails to comply with the order.\nA magistrate may—\ndismiss the proceeding; or\nmake a further directions order; or\nmake another order dealing with the proceeding that the magistrate considers appropriate, including, for example, a final order; or\nmake orders under paragraphs (b) and (c) .\n(sec.114-ssec.1) This rule applies if— a party to a proceeding receives notice of a directions order made by a magistrate stating a time, date and place for a hearing or conference for the proceeding; and the party fails to attend at the hearing or conference.\n(sec.114-ssec.2) This rule also applies if— a party to a proceeding receives notice of a directions order made by a magistrate; and the party fails to comply with the order.\n(sec.114-ssec.3) A magistrate may— dismiss the proceeding; or make a further directions order; or make another order dealing with the proceeding that the magistrate considers appropriate, including, for example, a final order; or make orders under paragraphs (b) and (c) .\n- (a) a party to a proceeding receives notice of a directions order made by a magistrate stating a time, date and place for a hearing or conference for the proceeding; and\n- (b) the party fails to attend at the hearing or conference.\n- (a) a party to a proceeding receives notice of a directions order made by a magistrate; and\n- (b) the party fails to comply with the order.\n- (a) dismiss the proceeding; or\n- (b) make a further directions order; or\n- (c) make another order dealing with the proceeding that the magistrate considers appropriate, including, for example, a final order; or\n- (d) make orders under paragraphs (b) and (c) .","sortOrder":149},{"sectionNumber":"sec.115","sectionType":"section","heading":"Duty of disclosure","content":"### sec.115 Duty of disclosure\n\nIf a directions order requiring disclosure of documents is made, a party must disclose any document that—\nis directly relevant to the proceeding or a matter in issue in the proceeding; and\nis in, or comes into, the possession of the party.\nA party must act under subrule (1) until the proceeding is concluded or the matter in issue is admitted, withdrawn, struck out or otherwise disposed of.\nSubrule (1) does not apply to a document in relation to which there is a valid claim to privilege from disclosure.\nr 115 amd 2021 SL No. 10 s 32\n(sec.115-ssec.1) If a directions order requiring disclosure of documents is made, a party must disclose any document that— is directly relevant to the proceeding or a matter in issue in the proceeding; and is in, or comes into, the possession of the party.\n(sec.115-ssec.2) A party must act under subrule (1) until the proceeding is concluded or the matter in issue is admitted, withdrawn, struck out or otherwise disposed of.\n(sec.115-ssec.3) Subrule (1) does not apply to a document in relation to which there is a valid claim to privilege from disclosure.\n- (a) is directly relevant to the proceeding or a matter in issue in the proceeding; and\n- (b) is in, or comes into, the possession of the party.","sortOrder":150},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Attendance notices","content":"## Attendance notices","sortOrder":151},{"sectionNumber":"sec.116","sectionType":"section","heading":"Issue of attendance notice","content":"### sec.116 Issue of attendance notice\n\nOn the request of a party, the clerk of a Magistrates Court may issue an attendance notice to a person.\nOn the direction of a magistrate, the clerk of a Magistrates Court must issue an attendance notice to a person.\nA request for an attendance notice must—\nbe in the approved form; and\nstate the name or designation by office or position of the person to whom the attendance notice is directed, unless the magistrate otherwise directs; and\nbe filed; and\nbe accompanied by a draft of the attendance notice, in the approved form, that is requested.\nAn attendance notice may only be directed to a single person.\nThe name or designation by office or position of the person to whom an attendance notice is directed must be stated in the notice before it is issued.\n(sec.116-ssec.1) On the request of a party, the clerk of a Magistrates Court may issue an attendance notice to a person.\n(sec.116-ssec.2) On the direction of a magistrate, the clerk of a Magistrates Court must issue an attendance notice to a person.\n(sec.116-ssec.3) A request for an attendance notice must— be in the approved form; and state the name or designation by office or position of the person to whom the attendance notice is directed, unless the magistrate otherwise directs; and be filed; and be accompanied by a draft of the attendance notice, in the approved form, that is requested.\n(sec.116-ssec.4) An attendance notice may only be directed to a single person.\n(sec.116-ssec.5) The name or designation by office or position of the person to whom an attendance notice is directed must be stated in the notice before it is issued.\n- (a) be in the approved form; and\n- (b) state the name or designation by office or position of the person to whom the attendance notice is directed, unless the magistrate otherwise directs; and\n- (c) be filed; and\n- (d) be accompanied by a draft of the attendance notice, in the approved form, that is requested.","sortOrder":152},{"sectionNumber":"sec.117","sectionType":"section","heading":"Requirements for attendance notice to produce","content":"### sec.117 Requirements for attendance notice to produce\n\nAn attendance notice requiring a person to produce a stated document or thing must—\nadequately describe the document or thing; and\ncontain a notice, in the approved form, telling the person that the person has the right to apply to an Industrial Magistrates Court to have the attendance notice set aside on any sufficient grounds, including, for example—\nthe document or thing is not directly relevant to the proceedings; or\nprivilege; or\noppressiveness, including oppressiveness because substantial expense may be incurred that may not be reimbursed; or\nnoncompliance with these rules.\nr 117 amd 2021 SL No. 10 s 33\n- (a) adequately describe the document or thing; and\n- (b) contain a notice, in the approved form, telling the person that the person has the right to apply to an Industrial Magistrates Court to have the attendance notice set aside on any sufficient grounds, including, for example— (i) the document or thing is not directly relevant to the proceedings; or (ii) privilege; or (iii) oppressiveness, including oppressiveness because substantial expense may be incurred that may not be reimbursed; or (iv) noncompliance with these rules.\n- (i) the document or thing is not directly relevant to the proceedings; or\n- (ii) privilege; or\n- (iii) oppressiveness, including oppressiveness because substantial expense may be incurred that may not be reimbursed; or\n- (iv) noncompliance with these rules.\n- (i) the document or thing is not directly relevant to the proceedings; or\n- (ii) privilege; or\n- (iii) oppressiveness, including oppressiveness because substantial expense may be incurred that may not be reimbursed; or\n- (iv) noncompliance with these rules.","sortOrder":153},{"sectionNumber":"sec.118","sectionType":"section","heading":"Inspection of document or thing produced under attendance notice","content":"### sec.118 Inspection of document or thing produced under attendance notice\n\nA document or thing produced to a magistrate, whether produced voluntarily or under an attendance notice, may be inspected by—\nthe magistrate; and\nwith permission of the magistrate—a party.\nHowever, information obtained from a document must not be made public without the permission of the magistrate.\nIf the magistrate considers that part of a document does not relate to a matter in issue, the magistrate may order that the part be closed.\n(sec.118-ssec.1) A document or thing produced to a magistrate, whether produced voluntarily or under an attendance notice, may be inspected by— the magistrate; and with permission of the magistrate—a party.\n(sec.118-ssec.2) However, information obtained from a document must not be made public without the permission of the magistrate.\n(sec.118-ssec.3) If the magistrate considers that part of a document does not relate to a matter in issue, the magistrate may order that the part be closed.\n- (a) the magistrate; and\n- (b) with permission of the magistrate—a party.","sortOrder":154},{"sectionNumber":"sec.119","sectionType":"section","heading":"Setting aside attendance notice","content":"### sec.119 Setting aside attendance notice\n\nA magistrate may, by order, set aside part or all of an attendance notice.","sortOrder":155},{"sectionNumber":"sec.120","sectionType":"section","heading":"Allowance for attendance and expenses","content":"### sec.120 Allowance for attendance and expenses\n\nA person who attends an Industrial Magistrates Court under an attendance notice is entitled to—\nthe person’s reasonable expenses of travelling to attend; and\nthe allowance payable to a witness in a civil action in the Supreme Court.\nIf a party requested the person’s attendance, the party must pay the expenses and allowance to the person a reasonable period before the day the person is required to attend.\nA magistrate may treat the failure of a party to pay the person’s expenses or allowance under subrule (2) as a lawful excuse for section 922 of the Act .\nr 120 amd 2017 SL No. 26 s 36 ; 2021 SL No. 10 s 34\n(sec.120-ssec.1) A person who attends an Industrial Magistrates Court under an attendance notice is entitled to— the person’s reasonable expenses of travelling to attend; and the allowance payable to a witness in a civil action in the Supreme Court.\n(sec.120-ssec.2) If a party requested the person’s attendance, the party must pay the expenses and allowance to the person a reasonable period before the day the person is required to attend.\n(sec.120-ssec.3) A magistrate may treat the failure of a party to pay the person’s expenses or allowance under subrule (2) as a lawful excuse for section 922 of the Act .\n- (a) the person’s reasonable expenses of travelling to attend; and\n- (b) the allowance payable to a witness in a civil action in the Supreme Court.","sortOrder":156},{"sectionNumber":"sec.121","sectionType":"section","heading":"Production by non-party","content":"### sec.121 Production by non-party\n\nThis rule applies if the person named in an attendance notice requiring the production of a document or thing is not a party to the proceeding.\nUnless a magistrate otherwise directs, the attendance notice must permit the person to produce, by the day before the day production is required, the document or thing to an Industrial Magistrates Court.\nIf a document or thing is produced to an Industrial Magistrates Court under subrule (2) , the appropriate officer of the court must—\nissue a receipt; and\nnotify the party who requested production of the document or thing that it has been produced to the Industrial Magistrates Court; and\ndeal with the document or thing as the magistrate directs.\nAn attendance notice that only requires production of a document or thing may be satisfied by an agent of the person named in the notice producing the document or thing to an Industrial Magistrates Court.\n(sec.121-ssec.1) This rule applies if the person named in an attendance notice requiring the production of a document or thing is not a party to the proceeding.\n(sec.121-ssec.2) Unless a magistrate otherwise directs, the attendance notice must permit the person to produce, by the day before the day production is required, the document or thing to an Industrial Magistrates Court.\n(sec.121-ssec.3) If a document or thing is produced to an Industrial Magistrates Court under subrule (2) , the appropriate officer of the court must— issue a receipt; and notify the party who requested production of the document or thing that it has been produced to the Industrial Magistrates Court; and deal with the document or thing as the magistrate directs.\n(sec.121-ssec.4) An attendance notice that only requires production of a document or thing may be satisfied by an agent of the person named in the notice producing the document or thing to an Industrial Magistrates Court.\n- (a) issue a receipt; and\n- (b) notify the party who requested production of the document or thing that it has been produced to the Industrial Magistrates Court; and\n- (c) deal with the document or thing as the magistrate directs.","sortOrder":157},{"sectionNumber":"sec.122","sectionType":"section","heading":"Serving attendance notice","content":"### sec.122 Serving attendance notice\n\nAn attendance notice must be served on the person to whom it is directed under rule 28 .\nr 122 amd 2017 SL No. 26 s 37","sortOrder":158},{"sectionNumber":"pt.3-div.6","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":159},{"sectionNumber":"sec.123","sectionType":"section","heading":"Adjournment","content":"### sec.123 Adjournment\n\nIf a magistrate can not attend at the time appointed for the hearing of a proceeding, the clerk of the Magistrates Court may adjourn the proceeding to a suitable date before a magistrate.","sortOrder":160},{"sectionNumber":"sec.123AA","sectionType":"section","heading":"Joining proceedings","content":"### sec.123AA Joining proceedings\n\nA magistrate may, on the initiative of the magistrate or on the application of a party to a proceeding, order 2 or more proceedings to be joined if the magistrate considers—\nsubstantially the same question is involved in the proceedings; or\nthe decision in 1 proceeding is likely to determine or seriously impact on the other proceeding; or\nit is otherwise appropriate or desirable.\nIf a party applies for an order under subrule (1) , the party must—\nserve a copy of the application on all other parties to the proceedings proposed to be joined; and\nfile an affidavit of service of the copy of the application.\nA magistrate may join proceedings regardless of whether all of the parties to the proceedings consent to the joining.\nThis rule does not limit rule 102 (3) .\nr 123AA ins 2021 SL No. 10 s 36\n(sec.123AA-ssec.1) A magistrate may, on the initiative of the magistrate or on the application of a party to a proceeding, order 2 or more proceedings to be joined if the magistrate considers— substantially the same question is involved in the proceedings; or the decision in 1 proceeding is likely to determine or seriously impact on the other proceeding; or it is otherwise appropriate or desirable.\n(sec.123AA-ssec.2) If a party applies for an order under subrule (1) , the party must— serve a copy of the application on all other parties to the proceedings proposed to be joined; and file an affidavit of service of the copy of the application.\n(sec.123AA-ssec.3) A magistrate may join proceedings regardless of whether all of the parties to the proceedings consent to the joining.\n(sec.123AA-ssec.4) This rule does not limit rule 102 (3) .\n- (a) substantially the same question is involved in the proceedings; or\n- (b) the decision in 1 proceeding is likely to determine or seriously impact on the other proceeding; or\n- (c) it is otherwise appropriate or desirable.\n- (a) serve a copy of the application on all other parties to the proceedings proposed to be joined; and\n- (b) file an affidavit of service of the copy of the application.","sortOrder":161},{"sectionNumber":"sec.123AB","sectionType":"section","heading":"Form of affidavit of service","content":"### sec.123AB Form of affidavit of service\n\nAn affidavit of service of a copy of an application under rule 123AA (1) must be in the approved form and—\nfor an affidavit of personal service—must be made by the person who served the copy and state the following—\nthe person’s full name;\nthe time, day and date the copy was served;\nthe place of service;\nthe name of the person served and how the person was identified; or\notherwise—\nmust state the relevant dates and the facts showing service; and\nmay be made on information given to, or the belief of, the person causing the service; and\nif made on information given to the person—must state the source of the information.\nAn affidavit of service of a copy of an application must—\nhave a copy of the application attached to it as an exhibit; or\nbe written on a copy of the application; or\nif the application has been filed—mention the application in a way that enables the application to be identified.\nr 123AB ins 2021 SL No. 10 s 36\n(sec.123AB-ssec.1) An affidavit of service of a copy of an application under rule 123AA (1) must be in the approved form and— for an affidavit of personal service—must be made by the person who served the copy and state the following— the person’s full name; the time, day and date the copy was served; the place of service; the name of the person served and how the person was identified; or otherwise— must state the relevant dates and the facts showing service; and may be made on information given to, or the belief of, the person causing the service; and if made on information given to the person—must state the source of the information.\n(sec.123AB-ssec.2) An affidavit of service of a copy of an application must— have a copy of the application attached to it as an exhibit; or be written on a copy of the application; or if the application has been filed—mention the application in a way that enables the application to be identified.\n- (a) for an affidavit of personal service—must be made by the person who served the copy and state the following— (i) the person’s full name; (ii) the time, day and date the copy was served; (iii) the place of service; (iv) the name of the person served and how the person was identified; or\n- (i) the person’s full name;\n- (ii) the time, day and date the copy was served;\n- (iii) the place of service;\n- (iv) the name of the person served and how the person was identified; or\n- (b) otherwise— (i) must state the relevant dates and the facts showing service; and (ii) may be made on information given to, or the belief of, the person causing the service; and (iii) if made on information given to the person—must state the source of the information.\n- (i) must state the relevant dates and the facts showing service; and\n- (ii) may be made on information given to, or the belief of, the person causing the service; and\n- (iii) if made on information given to the person—must state the source of the information.\n- (i) the person’s full name;\n- (ii) the time, day and date the copy was served;\n- (iii) the place of service;\n- (iv) the name of the person served and how the person was identified; or\n- (i) must state the relevant dates and the facts showing service; and\n- (ii) may be made on information given to, or the belief of, the person causing the service; and\n- (iii) if made on information given to the person—must state the source of the information.\n- (a) have a copy of the application attached to it as an exhibit; or\n- (b) be written on a copy of the application; or\n- (c) if the application has been filed—mention the application in a way that enables the application to be identified.","sortOrder":162},{"sectionNumber":"sec.123AC","sectionType":"section","heading":"Form of amended application","content":"### sec.123AC Form of amended application\n\nAn amended application must replace the whole application.\nAn amended application must be in the approved form.\nAn amendment must be distinguished from the original text by—\nif text is being added—underlining or shading the added text; or\nif text is being deleted—crossing out the deleted text.\nr 123AC ins 2022 SL No. 100 s 11\n(sec.123AC-ssec.1) An amended application must replace the whole application.\n(sec.123AC-ssec.2) An amended application must be in the approved form.\n(sec.123AC-ssec.3) An amendment must be distinguished from the original text by— if text is being added—underlining or shading the added text; or if text is being deleted—crossing out the deleted text.\n- (a) if text is being added—underlining or shading the added text; or\n- (b) if text is being deleted—crossing out the deleted text.","sortOrder":163},{"sectionNumber":"pt.3A","sectionType":"part","heading":"Trans-Tasman proceedings","content":"# Trans-Tasman proceedings","sortOrder":164},{"sectionNumber":"pt.3A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":165},{"sectionNumber":"sec.123A","sectionType":"section","heading":"Definition for pt 3A","content":"### sec.123A Definition for pt 3A\n\nIn this part—\nTrans-Tasman Proceedings Act means the Trans-Tasman Proceedings Act 2010 (Cwlth) .\nr 123A ins 2013 SL No. 98 s 3","sortOrder":166},{"sectionNumber":"sec.123B","sectionType":"section","heading":"Interpretation","content":"### sec.123B Interpretation\n\nWords and expressions used in this part and the Trans-Tasman Proceedings Act have the same meaning in this part as they have in that Act except so far as the context or subject matter otherwise indicates or requires.\nThe following words and expressions are defined in the Trans-Tasman Proceedings Act , section 4 —\naudio link\naudiovisual link\ndocument\nenforcement\nentitled person\ngiven\nliable person\nNZ judgment\nparty\nproceeding\nregistered NZ judgment.\nr 123B ins 2013 SL No. 98 s 3\n- • audio link\n- • audiovisual link\n- • document\n- • enforcement\n- • entitled person\n- • given\n- • liable person\n- • NZ judgment\n- • party\n- • proceeding\n- • registered NZ judgment.","sortOrder":167},{"sectionNumber":"sec.123C","sectionType":"section","heading":"Application of pt 3A","content":"### sec.123C Application of pt 3A\n\nThis part applies to civil proceedings to which the Trans-Tasman Proceedings Act applies.\nr 123C ins 2013 SL No. 98 s 3","sortOrder":168},{"sectionNumber":"pt.3A-div.2","sectionType":"division","heading":"Attendance notices","content":"## Attendance notices","sortOrder":169},{"sectionNumber":"sec.123D","sectionType":"section","heading":"Application for leave to serve attendance notice in New Zealand","content":"### sec.123D Application for leave to serve attendance notice in New Zealand\n\nA party to a proceeding who requires the leave of the court to serve an attendance notice in New Zealand under the Trans-Tasman Proceedings Act , section 31 must make an application for leave in the proceeding in which the attendance notice was issued.\nSee the Trans-Tasman Proceedings Act , section 4 , definition subpoena .\nThe application must be accompanied by—\na copy of the attendance notice in relation to which leave is sought; and\nan affidavit stating, briefly but specifically, the following—\nthe name, occupation and address of the person named in the attendance notice;\nwhether the person is over 18 years;\nthe nature and significance of the evidence to be given, or the document or thing to be produced, by the person;\ndetails of the steps taken to ascertain whether the evidence, document or thing could be obtained by other means without significantly greater expense, and with less inconvenience, to the person;\nthe date by which it is intended to serve the attendance notice in New Zealand;\ndetails of the amounts to be tendered to the person to meet the person’s reasonable expenses of complying with the attendance notice;\ndetails of the way in which the amounts mentioned in subparagraph (vi) are to be given to the person;\nif the attendance notice requires the person to give evidence—an estimate of the time that the person will be required to attend to give evidence;\nany facts or matters known to the party making the application that may be grounds for an application by the person to have the attendance notice set aside under the Trans-Tasman Proceedings Act , section 36 (2) or (3) .\nSee the Trans-Tasman Proceedings Act , section 31 which allows the court to impose conditions when giving leave to serve an attendance notice in New Zealand.\nSee also the Trans-Tasman Proceedings Act , sections 33 and 37 which make provision in relation to the payment of expenses in complying with an attendance notice.\nDespite rule 228 , a person must not, without the leave of the court, search for, inspect or copy a document in an application under this rule filed in the court.\nr 123D ins 2013 SL No. 98 s 3\n(sec.123D-ssec.1) A party to a proceeding who requires the leave of the court to serve an attendance notice in New Zealand under the Trans-Tasman Proceedings Act , section 31 must make an application for leave in the proceeding in which the attendance notice was issued. See the Trans-Tasman Proceedings Act , section 4 , definition subpoena .\n(sec.123D-ssec.2) The application must be accompanied by— a copy of the attendance notice in relation to which leave is sought; and an affidavit stating, briefly but specifically, the following— the name, occupation and address of the person named in the attendance notice; whether the person is over 18 years; the nature and significance of the evidence to be given, or the document or thing to be produced, by the person; details of the steps taken to ascertain whether the evidence, document or thing could be obtained by other means without significantly greater expense, and with less inconvenience, to the person; the date by which it is intended to serve the attendance notice in New Zealand; details of the amounts to be tendered to the person to meet the person’s reasonable expenses of complying with the attendance notice; details of the way in which the amounts mentioned in subparagraph (vi) are to be given to the person; if the attendance notice requires the person to give evidence—an estimate of the time that the person will be required to attend to give evidence; any facts or matters known to the party making the application that may be grounds for an application by the person to have the attendance notice set aside under the Trans-Tasman Proceedings Act , section 36 (2) or (3) . See the Trans-Tasman Proceedings Act , section 31 which allows the court to impose conditions when giving leave to serve an attendance notice in New Zealand. See also the Trans-Tasman Proceedings Act , sections 33 and 37 which make provision in relation to the payment of expenses in complying with an attendance notice.\n(sec.123D-ssec.3) Despite rule 228 , a person must not, without the leave of the court, search for, inspect or copy a document in an application under this rule filed in the court.\n- (a) a copy of the attendance notice in relation to which leave is sought; and\n- (b) an affidavit stating, briefly but specifically, the following— (i) the name, occupation and address of the person named in the attendance notice; (ii) whether the person is over 18 years; (iii) the nature and significance of the evidence to be given, or the document or thing to be produced, by the person; (iv) details of the steps taken to ascertain whether the evidence, document or thing could be obtained by other means without significantly greater expense, and with less inconvenience, to the person; (v) the date by which it is intended to serve the attendance notice in New Zealand; (vi) details of the amounts to be tendered to the person to meet the person’s reasonable expenses of complying with the attendance notice; (vii) details of the way in which the amounts mentioned in subparagraph (vi) are to be given to the person; (viii) if the attendance notice requires the person to give evidence—an estimate of the time that the person will be required to attend to give evidence; (ix) any facts or matters known to the party making the application that may be grounds for an application by the person to have the attendance notice set aside under the Trans-Tasman Proceedings Act , section 36 (2) or (3) .\n- (i) the name, occupation and address of the person named in the attendance notice;\n- (ii) whether the person is over 18 years;\n- (iii) the nature and significance of the evidence to be given, or the document or thing to be produced, by the person;\n- (iv) details of the steps taken to ascertain whether the evidence, document or thing could be obtained by other means without significantly greater expense, and with less inconvenience, to the person;\n- (v) the date by which it is intended to serve the attendance notice in New Zealand;\n- (vi) details of the amounts to be tendered to the person to meet the person’s reasonable expenses of complying with the attendance notice;\n- (vii) details of the way in which the amounts mentioned in subparagraph (vi) are to be given to the person;\n- (viii) if the attendance notice requires the person to give evidence—an estimate of the time that the person will be required to attend to give evidence;\n- (ix) any facts or matters known to the party making the application that may be grounds for an application by the person to have the attendance notice set aside under the Trans-Tasman Proceedings Act , section 36 (2) or (3) .\n- (i) the name, occupation and address of the person named in the attendance notice;\n- (ii) whether the person is over 18 years;\n- (iii) the nature and significance of the evidence to be given, or the document or thing to be produced, by the person;\n- (iv) details of the steps taken to ascertain whether the evidence, document or thing could be obtained by other means without significantly greater expense, and with less inconvenience, to the person;\n- (v) the date by which it is intended to serve the attendance notice in New Zealand;\n- (vi) details of the amounts to be tendered to the person to meet the person’s reasonable expenses of complying with the attendance notice;\n- (vii) details of the way in which the amounts mentioned in subparagraph (vi) are to be given to the person;\n- (viii) if the attendance notice requires the person to give evidence—an estimate of the time that the person will be required to attend to give evidence;\n- (ix) any facts or matters known to the party making the application that may be grounds for an application by the person to have the attendance notice set aside under the Trans-Tasman Proceedings Act , section 36 (2) or (3) .\n- 1 See the Trans-Tasman Proceedings Act , section 31 which allows the court to impose conditions when giving leave to serve an attendance notice in New Zealand.\n- 2 See also the Trans-Tasman Proceedings Act , sections 33 and 37 which make provision in relation to the payment of expenses in complying with an attendance notice.","sortOrder":170},{"sectionNumber":"sec.123E","sectionType":"section","heading":"Application to set aside attendance notice","content":"### sec.123E Application to set aside attendance notice\n\nA person applying under the Trans-Tasman Proceedings Act , section 35 to set aside an attendance notice served in New Zealand must make the application in the proceeding in which the attendance notice was issued.\nThe application must be accompanied by—\na copy of the attendance notice; and\nan affidavit stating the following—\nthe material facts on which the application is based;\nwhether the person making the application requests that any hearing be held by audio link or audiovisual link.\nr 123E ins 2013 SL No. 98 s 3\n(sec.123E-ssec.1) A person applying under the Trans-Tasman Proceedings Act , section 35 to set aside an attendance notice served in New Zealand must make the application in the proceeding in which the attendance notice was issued.\n(sec.123E-ssec.2) The application must be accompanied by— a copy of the attendance notice; and an affidavit stating the following— the material facts on which the application is based; whether the person making the application requests that any hearing be held by audio link or audiovisual link.\n- (a) a copy of the attendance notice; and\n- (b) an affidavit stating the following— (i) the material facts on which the application is based; (ii) whether the person making the application requests that any hearing be held by audio link or audiovisual link.\n- (i) the material facts on which the application is based;\n- (ii) whether the person making the application requests that any hearing be held by audio link or audiovisual link.\n- (i) the material facts on which the application is based;\n- (ii) whether the person making the application requests that any hearing be held by audio link or audiovisual link.","sortOrder":171},{"sectionNumber":"sec.123F","sectionType":"section","heading":"Application for issue of certificate of noncompliance with attendance notice","content":"### sec.123F Application for issue of certificate of noncompliance with attendance notice\n\nA party to a proceeding may apply to the court that issued an attendance notice for a certificate mentioned in the Trans-Tasman Proceedings Act , section 38 (a certificate of noncompliance ).\nThe application may be made—\nif the proceeding in which the attendance notice was issued is before the court—orally to the court; or\nby filing the application.\nThe application must be accompanied by—\na copy of the attendance notice; and\na copy of the order giving leave to serve the attendance notice; and\nan affidavit of service of the attendance notice; and\na further affidavit stating the following—\nwhether any application was made to set aside the attendance notice;\nthe material in support of an application mentioned in subparagraph (i) ;\nany order that disposed of an application mentioned in subparagraph (i) ;\nthe material facts relied on for the issue of the certificate of noncompliance.\nA certificate of noncompliance is to be stamped by the registrar with the seal of the court.\nr 123F ins 2013 SL No. 98 s 3\n(sec.123F-ssec.1) A party to a proceeding may apply to the court that issued an attendance notice for a certificate mentioned in the Trans-Tasman Proceedings Act , section 38 (a certificate of noncompliance ).\n(sec.123F-ssec.2) The application may be made— if the proceeding in which the attendance notice was issued is before the court—orally to the court; or by filing the application.\n(sec.123F-ssec.3) The application must be accompanied by— a copy of the attendance notice; and a copy of the order giving leave to serve the attendance notice; and an affidavit of service of the attendance notice; and a further affidavit stating the following— whether any application was made to set aside the attendance notice; the material in support of an application mentioned in subparagraph (i) ; any order that disposed of an application mentioned in subparagraph (i) ; the material facts relied on for the issue of the certificate of noncompliance. A certificate of noncompliance is to be stamped by the registrar with the seal of the court.\n- (a) if the proceeding in which the attendance notice was issued is before the court—orally to the court; or\n- (b) by filing the application.\n- (a) a copy of the attendance notice; and\n- (b) a copy of the order giving leave to serve the attendance notice; and\n- (c) an affidavit of service of the attendance notice; and\n- (d) a further affidavit stating the following— (i) whether any application was made to set aside the attendance notice; (ii) the material in support of an application mentioned in subparagraph (i) ; (iii) any order that disposed of an application mentioned in subparagraph (i) ; (iv) the material facts relied on for the issue of the certificate of noncompliance.\n- (i) whether any application was made to set aside the attendance notice;\n- (ii) the material in support of an application mentioned in subparagraph (i) ;\n- (iii) any order that disposed of an application mentioned in subparagraph (i) ;\n- (iv) the material facts relied on for the issue of the certificate of noncompliance.\n- (i) whether any application was made to set aside the attendance notice;\n- (ii) the material in support of an application mentioned in subparagraph (i) ;\n- (iii) any order that disposed of an application mentioned in subparagraph (i) ;\n- (iv) the material facts relied on for the issue of the certificate of noncompliance.","sortOrder":172},{"sectionNumber":"sec.123FA","sectionType":"section","heading":"Form of affidavit of service","content":"### sec.123FA Form of affidavit of service\n\nAn affidavit of service of an attendance notice under rule 123F (3) (c) must be in the approved form and—\nfor an affidavit of personal service—must be made by the person who served the attendance notice and state the following—\nthe person’s full name;\nthe time, day and date the attendance notice was served;\nthe place of service;\nthe name of the person served and how the person was identified; or\notherwise—\nmust state the relevant dates and the facts showing service; and\nmay be made on information given to, or the belief of, the person causing the service; and\nif made on information given to the person—must state the source of the information.\nAn affidavit of service of an attendance notice must—\nhave a copy of the attendance notice attached to it as an exhibit; or\nbe written on a copy of the attendance notice; or\nif the attendance notice has been filed—mention the attendance notice in a way that enables the attendance notice to be identified.\nr 123FA ins 2021 SL No. 10 s 37\n(sec.123FA-ssec.1) An affidavit of service of an attendance notice under rule 123F (3) (c) must be in the approved form and— for an affidavit of personal service—must be made by the person who served the attendance notice and state the following— the person’s full name; the time, day and date the attendance notice was served; the place of service; the name of the person served and how the person was identified; or otherwise— must state the relevant dates and the facts showing service; and may be made on information given to, or the belief of, the person causing the service; and if made on information given to the person—must state the source of the information.\n(sec.123FA-ssec.2) An affidavit of service of an attendance notice must— have a copy of the attendance notice attached to it as an exhibit; or be written on a copy of the attendance notice; or if the attendance notice has been filed—mention the attendance notice in a way that enables the attendance notice to be identified.\n- (a) for an affidavit of personal service—must be made by the person who served the attendance notice and state the following— (i) the person’s full name; (ii) the time, day and date the attendance notice was served; (iii) the place of service; (iv) the name of the person served and how the person was identified; or\n- (i) the person’s full name;\n- (ii) the time, day and date the attendance notice was served;\n- (iii) the place of service;\n- (iv) the name of the person served and how the person was identified; or\n- (b) otherwise— (i) must state the relevant dates and the facts showing service; and (ii) may be made on information given to, or the belief of, the person causing the service; and (iii) if made on information given to the person—must state the source of the information.\n- (i) must state the relevant dates and the facts showing service; and\n- (ii) may be made on information given to, or the belief of, the person causing the service; and\n- (iii) if made on information given to the person—must state the source of the information.\n- (i) the person’s full name;\n- (ii) the time, day and date the attendance notice was served;\n- (iii) the place of service;\n- (iv) the name of the person served and how the person was identified; or\n- (i) must state the relevant dates and the facts showing service; and\n- (ii) may be made on information given to, or the belief of, the person causing the service; and\n- (iii) if made on information given to the person—must state the source of the information.\n- (a) have a copy of the attendance notice attached to it as an exhibit; or\n- (b) be written on a copy of the attendance notice; or\n- (c) if the attendance notice has been filed—mention the attendance notice in a way that enables the attendance notice to be identified.","sortOrder":173},{"sectionNumber":"pt.3A-div.3","sectionType":"division","heading":"Registration and enforcement of NZ judgments","content":"## Registration and enforcement of NZ judgments","sortOrder":174},{"sectionNumber":"sec.123G","sectionType":"section","heading":"Notice of registration of NZ judgment","content":"### sec.123G Notice of registration of NZ judgment\n\nAn entitled person must not take any step to enforce a registered NZ judgment, in the period mentioned in the Trans-Tasman Proceedings Act , section 74 (2) , unless the entitled person has filed an affidavit stating that notice of the registration of the NZ judgment has been given in accordance with the Trans-Tasman Proceedings Act , section 73 .\nIf a liable person against whom the registered NZ judgment is enforceable is not in Australia, the affidavit may be served without leave of the court.\nAn entitled person must file a further affidavit proving service of the affidavit mentioned in subrule (1) before any step is taken to enforce the registered NZ judgment.\nr 123G ins 2013 SL No. 98 s 3\n(sec.123G-ssec.1) An entitled person must not take any step to enforce a registered NZ judgment, in the period mentioned in the Trans-Tasman Proceedings Act , section 74 (2) , unless the entitled person has filed an affidavit stating that notice of the registration of the NZ judgment has been given in accordance with the Trans-Tasman Proceedings Act , section 73 .\n(sec.123G-ssec.2) If a liable person against whom the registered NZ judgment is enforceable is not in Australia, the affidavit may be served without leave of the court.\n(sec.123G-ssec.3) An entitled person must file a further affidavit proving service of the affidavit mentioned in subrule (1) before any step is taken to enforce the registered NZ judgment.","sortOrder":175},{"sectionNumber":"sec.123H","sectionType":"section","heading":"Application for extension of time to give notice of registration of NZ judgment","content":"### sec.123H Application for extension of time to give notice of registration of NZ judgment\n\nAn entitled person applying for an extension of the time within which to give notice of the registration of an NZ judgment under the Trans-Tasman Proceedings Act , section 73 (3) must make the application in the proceeding in which the NZ judgment was registered.\nThe application must be supported by an affidavit stating the following—\nbriefly but specifically, the grounds relied on in support of the application;\nthe material facts relied on in support of the application;\nwhy notice will not be, or was not, given within time.\nr 123H ins 2013 SL No. 98 s 3\n(sec.123H-ssec.1) An entitled person applying for an extension of the time within which to give notice of the registration of an NZ judgment under the Trans-Tasman Proceedings Act , section 73 (3) must make the application in the proceeding in which the NZ judgment was registered.\n(sec.123H-ssec.2) The application must be supported by an affidavit stating the following— briefly but specifically, the grounds relied on in support of the application; the material facts relied on in support of the application; why notice will not be, or was not, given within time.\n- (a) briefly but specifically, the grounds relied on in support of the application;\n- (b) the material facts relied on in support of the application;\n- (c) why notice will not be, or was not, given within time.","sortOrder":176},{"sectionNumber":"sec.123I","sectionType":"section","heading":"Enforcement of registered NZ judgment","content":"### sec.123I Enforcement of registered NZ judgment\n\nThe form of enforcement warrant used in relation to the enforcement of a registered NZ judgment must be amended, in a way approved by the registrar, by—\nstating that the judgment is a registered NZ judgment; and\nspecifying the date of, and the amount payable under, the registered NZ judgment; and\nspecifying the amount of interest that is payable under the Trans-Tasman Proceedings Act , section 78 (a) in relation to the registered NZ judgment.\nFor subrule (1) (b) , if the registered NZ judgment is registered in a currency other than Australian currency, the specified amount payable must be the amount payable under the registered NZ judgment as if it were for an equivalent amount in Australian currency based on the Trans-Tasman Proceedings Act rate of exchange.\nIn this rule—\nTrans-Tasman Proceedings Act rate of exchange means the rate of exchange mentioned in the Trans-Tasman Proceedings Act , section 69 (2) , as if the conversion day mentioned in that section were a reference to the day an application for an enforcement warrant for the amount payable under the registered NZ judgment is filed.\nSee the Trans-Tasman Proceedings Act , section 74 for the effect of registration of an NZ judgment.\nr 123I ins 2013 SL No. 98 s 3\n(sec.123I-ssec.1) The form of enforcement warrant used in relation to the enforcement of a registered NZ judgment must be amended, in a way approved by the registrar, by— stating that the judgment is a registered NZ judgment; and specifying the date of, and the amount payable under, the registered NZ judgment; and specifying the amount of interest that is payable under the Trans-Tasman Proceedings Act , section 78 (a) in relation to the registered NZ judgment.\n(sec.123I-ssec.2) For subrule (1) (b) , if the registered NZ judgment is registered in a currency other than Australian currency, the specified amount payable must be the amount payable under the registered NZ judgment as if it were for an equivalent amount in Australian currency based on the Trans-Tasman Proceedings Act rate of exchange.\n(sec.123I-ssec.3) In this rule— Trans-Tasman Proceedings Act rate of exchange means the rate of exchange mentioned in the Trans-Tasman Proceedings Act , section 69 (2) , as if the conversion day mentioned in that section were a reference to the day an application for an enforcement warrant for the amount payable under the registered NZ judgment is filed. See the Trans-Tasman Proceedings Act , section 74 for the effect of registration of an NZ judgment.\n- (a) stating that the judgment is a registered NZ judgment; and\n- (b) specifying the date of, and the amount payable under, the registered NZ judgment; and\n- (c) specifying the amount of interest that is payable under the Trans-Tasman Proceedings Act , section 78 (a) in relation to the registered NZ judgment.","sortOrder":177},{"sectionNumber":"sec.123J","sectionType":"section","heading":"Application to set aside registration of NZ judgment","content":"### sec.123J Application to set aside registration of NZ judgment\n\nA liable person applying to set aside the registration of an NZ judgment under the Trans-Tasman Proceedings Act , section 72 (1) must make the application in the proceeding in which the NZ judgment was registered.\nThe application must be accompanied by an affidavit stating the following—\nbriefly but specifically, the grounds on which the registration of the NZ judgment should be set aside;\nthe material facts relied on in support of the application.\nSee the Trans-Tasman Proceedings Act , section 72 (2) for when an application to set aside the registration of an NZ judgment may be made.\nr 123J ins 2013 SL No. 98 s 3\n(sec.123J-ssec.1) A liable person applying to set aside the registration of an NZ judgment under the Trans-Tasman Proceedings Act , section 72 (1) must make the application in the proceeding in which the NZ judgment was registered.\n(sec.123J-ssec.2) The application must be accompanied by an affidavit stating the following— briefly but specifically, the grounds on which the registration of the NZ judgment should be set aside; the material facts relied on in support of the application. See the Trans-Tasman Proceedings Act , section 72 (2) for when an application to set aside the registration of an NZ judgment may be made.\n- (a) briefly but specifically, the grounds on which the registration of the NZ judgment should be set aside;\n- (b) the material facts relied on in support of the application.","sortOrder":178},{"sectionNumber":"sec.123K","sectionType":"section","heading":"Applications relating to a stay of enforcement of registered NZ judgment","content":"### sec.123K Applications relating to a stay of enforcement of registered NZ judgment\n\nThis rule applies to an application for an order under the Trans-Tasman Proceedings Act , section 76 .\nSee the Trans-Tasman Proceedings Act , section 76 (1) and (3) (b) .\nThe application must—\nbe made in the proceeding in which the NZ judgment was registered; and\nbe accompanied by an affidavit stating the following—\nthe order sought;\nbriefly but specifically, the grounds relied on in support of the order;\nthe material facts relied on in support of the application;\nif the application is for an order under the Trans-Tasman Proceedings Act , section 76 (3) (b) —why the application will not be, or was not, made within time.\nr 123K ins 2013 SL No. 98 s 3\n(sec.123K-ssec.1) This rule applies to an application for an order under the Trans-Tasman Proceedings Act , section 76 . See the Trans-Tasman Proceedings Act , section 76 (1) and (3) (b) .\n(sec.123K-ssec.2) The application must— be made in the proceeding in which the NZ judgment was registered; and be accompanied by an affidavit stating the following— the order sought; briefly but specifically, the grounds relied on in support of the order; the material facts relied on in support of the application; if the application is for an order under the Trans-Tasman Proceedings Act , section 76 (3) (b) —why the application will not be, or was not, made within time.\n- (a) be made in the proceeding in which the NZ judgment was registered; and\n- (b) be accompanied by an affidavit stating the following— (i) the order sought; (ii) briefly but specifically, the grounds relied on in support of the order; (iii) the material facts relied on in support of the application; (iv) if the application is for an order under the Trans-Tasman Proceedings Act , section 76 (3) (b) —why the application will not be, or was not, made within time.\n- (i) the order sought;\n- (ii) briefly but specifically, the grounds relied on in support of the order;\n- (iii) the material facts relied on in support of the application;\n- (iv) if the application is for an order under the Trans-Tasman Proceedings Act , section 76 (3) (b) —why the application will not be, or was not, made within time.\n- (i) the order sought;\n- (ii) briefly but specifically, the grounds relied on in support of the order;\n- (iii) the material facts relied on in support of the application;\n- (iv) if the application is for an order under the Trans-Tasman Proceedings Act , section 76 (3) (b) —why the application will not be, or was not, made within time.","sortOrder":179},{"sectionNumber":"pt.3A-div.4","sectionType":"division","heading":"Remote appearances","content":"## Remote appearances","sortOrder":180},{"sectionNumber":"sec.123L","sectionType":"section","heading":"Application for order for use of audio link or audiovisual link","content":"### sec.123L Application for order for use of audio link or audiovisual link\n\nA party to a proceeding applying for leave for an order that an appearance be made, evidence be taken, or submissions be made, by audio link or audiovisual link from New Zealand under the Trans-Tasman Proceedings Act , section 48 or 50 , must make the application in the proceeding to which the appearance, evidence or submissions relate.\nSubrule (1) does not apply to a request mentioned in rule 123E (2) (b) (ii) .\nr 123L ins 2013 SL No. 98 s 3\n(sec.123L-ssec.1) A party to a proceeding applying for leave for an order that an appearance be made, evidence be taken, or submissions be made, by audio link or audiovisual link from New Zealand under the Trans-Tasman Proceedings Act , section 48 or 50 , must make the application in the proceeding to which the appearance, evidence or submissions relate.\n(sec.123L-ssec.2) Subrule (1) does not apply to a request mentioned in rule 123E (2) (b) (ii) .","sortOrder":181},{"sectionNumber":"pt.3B","sectionType":"part","heading":"Proceedings for fair work claims and unpaid amount claims","content":"# Proceedings for fair work claims and unpaid amount claims","sortOrder":182},{"sectionNumber":"pt.3B-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":183},{"sectionNumber":"sec.123M","sectionType":"section","heading":"Application of part","content":"### sec.123M Application of part\n\nThis part applies in relation to the following claims (each a relevant claim )—\na fair work claim in an Industrial Magistrates Court;\nan unpaid amount claim in the commission or an Industrial Magistrates Court.\nr 123M ins 2021 SL No. 10 s 38\n- (a) a fair work claim in an Industrial Magistrates Court;\n- (b) an unpaid amount claim in the commission or an Industrial Magistrates Court.","sortOrder":184},{"sectionNumber":"sec.123N","sectionType":"section","heading":"Definition for part","content":"### sec.123N Definition for part\n\nIn this part—\nrelevant claim see rule 123M .\nr 123N ins 2021 SL No. 10 s 38","sortOrder":185},{"sectionNumber":"pt.3B-div.2","sectionType":"division","heading":"Starting relevant claims","content":"## Starting relevant claims","sortOrder":186},{"sectionNumber":"sec.123O","sectionType":"section","heading":"Application for relevant claim need not be witnessed","content":"### sec.123O Application for relevant claim need not be witnessed\n\nRule 102 (2) does not apply to an application for a relevant claim.\nr 123O ins 2021 SL No. 10 s 38","sortOrder":187},{"sectionNumber":"sec.123P","sectionType":"section","heading":"Filing application for relevant claim","content":"### sec.123P Filing application for relevant claim\n\nDespite rule 102 (4) , an application for a fair work claim may be filed—\nby delivering it to the registry; or\nby posting it to the registry with a written request that it be filed; or\nby transmitting it to the registry electronically; or\nin a registry of a Magistrates Court.\nIf an application for a relevant claim is filed in a registry of a Magistrates Court, the registrar of the Magistrates Court must forward the application to the registry as soon as practicable.\nDespite rule 102 (5) , a proceeding for a relevant claim in an Industrial Magistrates Court is started—\nwhen the application for the claim is filed under subrule (1) ; and\nin—\nif the application is filed under subrule (1) (a) , (b) or (c) —the Brisbane Industrial Magistrates Court; or\nif the application is filed under subrule (1) (d) —an Industrial Magistrates Court constituted by a magistrate in the Magistrates Court in whose registry the application is filed.\nr 123P ins 2021 SL No. 10 s 38\n(sec.123P-ssec.1) Despite rule 102 (4) , an application for a fair work claim may be filed— by delivering it to the registry; or by posting it to the registry with a written request that it be filed; or by transmitting it to the registry electronically; or in a registry of a Magistrates Court.\n(sec.123P-ssec.2) If an application for a relevant claim is filed in a registry of a Magistrates Court, the registrar of the Magistrates Court must forward the application to the registry as soon as practicable.\n(sec.123P-ssec.3) Despite rule 102 (5) , a proceeding for a relevant claim in an Industrial Magistrates Court is started— when the application for the claim is filed under subrule (1) ; and in— if the application is filed under subrule (1) (a) , (b) or (c) —the Brisbane Industrial Magistrates Court; or if the application is filed under subrule (1) (d) —an Industrial Magistrates Court constituted by a magistrate in the Magistrates Court in whose registry the application is filed.\n- (a) by delivering it to the registry; or\n- (b) by posting it to the registry with a written request that it be filed; or\n- (c) by transmitting it to the registry electronically; or\n- (d) in a registry of a Magistrates Court.\n- (a) when the application for the claim is filed under subrule (1) ; and\n- (b) in— (i) if the application is filed under subrule (1) (a) , (b) or (c) —the Brisbane Industrial Magistrates Court; or (ii) if the application is filed under subrule (1) (d) —an Industrial Magistrates Court constituted by a magistrate in the Magistrates Court in whose registry the application is filed.\n- (i) if the application is filed under subrule (1) (a) , (b) or (c) —the Brisbane Industrial Magistrates Court; or\n- (ii) if the application is filed under subrule (1) (d) —an Industrial Magistrates Court constituted by a magistrate in the Magistrates Court in whose registry the application is filed.\n- (i) if the application is filed under subrule (1) (a) , (b) or (c) —the Brisbane Industrial Magistrates Court; or\n- (ii) if the application is filed under subrule (1) (d) —an Industrial Magistrates Court constituted by a magistrate in the Magistrates Court in whose registry the application is filed.","sortOrder":188},{"sectionNumber":"sec.123Q","sectionType":"section","heading":"Change of venue for relevant claim started in Brisbane Industrial Magistrates Court","content":"### sec.123Q Change of venue for relevant claim started in Brisbane Industrial Magistrates Court\n\nThis rule applies—\nin relation to a proceeding for a relevant claim started in the Brisbane Industrial Magistrates Court; and\nif at any time the Brisbane Industrial Magistrates Court is satisfied the proceeding can be more conveniently or fairly heard or dealt with by an Industrial Magistrates Court in a place other than in the central division of the Brisbane Magistrates Courts District.\nThe Brisbane Industrial Magistrates Court may, on its own initiative or on the application of a party to the proceeding, order that the proceeding be transferred to the other place.\nIf the proceeding is transferred under subrule (2) —\nthe proceeding is pending in an Industrial Magistrates Court in the other place; and\nunless the Brisbane Industrial Magistrates Court otherwise orders, the hearing of the proceeding is to be heard and decided by an Industrial Magistrates Court in the other place.\nr 123Q ins 2021 SL No. 10 s 38\n(sec.123Q-ssec.1) This rule applies— in relation to a proceeding for a relevant claim started in the Brisbane Industrial Magistrates Court; and if at any time the Brisbane Industrial Magistrates Court is satisfied the proceeding can be more conveniently or fairly heard or dealt with by an Industrial Magistrates Court in a place other than in the central division of the Brisbane Magistrates Courts District.\n(sec.123Q-ssec.2) The Brisbane Industrial Magistrates Court may, on its own initiative or on the application of a party to the proceeding, order that the proceeding be transferred to the other place.\n(sec.123Q-ssec.3) If the proceeding is transferred under subrule (2) — the proceeding is pending in an Industrial Magistrates Court in the other place; and unless the Brisbane Industrial Magistrates Court otherwise orders, the hearing of the proceeding is to be heard and decided by an Industrial Magistrates Court in the other place.\n- (a) in relation to a proceeding for a relevant claim started in the Brisbane Industrial Magistrates Court; and\n- (b) if at any time the Brisbane Industrial Magistrates Court is satisfied the proceeding can be more conveniently or fairly heard or dealt with by an Industrial Magistrates Court in a place other than in the central division of the Brisbane Magistrates Courts District.\n- (a) the proceeding is pending in an Industrial Magistrates Court in the other place; and\n- (b) unless the Brisbane Industrial Magistrates Court otherwise orders, the hearing of the proceeding is to be heard and decided by an Industrial Magistrates Court in the other place.","sortOrder":189},{"sectionNumber":"pt.3B-div.3","sectionType":"division","heading":"Simplified procedures","content":"## Simplified procedures","sortOrder":190},{"sectionNumber":"sec.123R","sectionType":"section","heading":"Parties may elect to apply simplified procedures","content":"### sec.123R Parties may elect to apply simplified procedures\n\nThis rule applies to a proceeding for an unpaid amount claim in the commission or Industrial Magistrates Court, other than a claim for a relevant amount under section 531 of the Act .\nThe parties to the proceeding may agree to all or part of the simplified procedures applying to the proceeding.\nThe agreement must be—\nin writing; and\nfiled in the registry.\nThe simplified procedures are that the commission or an Industrial Magistrates Court—\nis not bound by laws of evidence or procedure applying to a proceeding in the commission or Industrial Magistrates Court; and\nmay inform itself of the facts in any way it considers appropriate; and\nmust observe the rules of natural justice; and\nmust record the reasons for its decision.\nThe simplified procedures apply to the proceeding to the extent agreed.\nThe commission or Industrial Magistrates Court must hear and decide the proceeding under the simplified procedures applying under subrule (5) , unless the commission or Industrial Magistrates Court considers deciding the proceeding under the procedures would be an abuse of process.\nr 123R ins 2021 SL No. 10 s 38\namd 2022 SL No. 100 s 12\n(sec.123R-ssec.1) This rule applies to a proceeding for an unpaid amount claim in the commission or Industrial Magistrates Court, other than a claim for a relevant amount under section 531 of the Act .\n(sec.123R-ssec.2) The parties to the proceeding may agree to all or part of the simplified procedures applying to the proceeding.\n(sec.123R-ssec.3) The agreement must be— in writing; and filed in the registry.\n(sec.123R-ssec.4) The simplified procedures are that the commission or an Industrial Magistrates Court— is not bound by laws of evidence or procedure applying to a proceeding in the commission or Industrial Magistrates Court; and may inform itself of the facts in any way it considers appropriate; and must observe the rules of natural justice; and must record the reasons for its decision.\n(sec.123R-ssec.5) The simplified procedures apply to the proceeding to the extent agreed.\n(sec.123R-ssec.6) The commission or Industrial Magistrates Court must hear and decide the proceeding under the simplified procedures applying under subrule (5) , unless the commission or Industrial Magistrates Court considers deciding the proceeding under the procedures would be an abuse of process.\n- (a) in writing; and\n- (b) filed in the registry.\n- (a) is not bound by laws of evidence or procedure applying to a proceeding in the commission or Industrial Magistrates Court; and\n- (b) may inform itself of the facts in any way it considers appropriate; and\n- (c) must observe the rules of natural justice; and\n- (d) must record the reasons for its decision.","sortOrder":191},{"sectionNumber":"pt.3B-div.4","sectionType":"division","heading":"Conciliation of relevant claims","content":"## Conciliation of relevant claims","sortOrder":192},{"sectionNumber":"sec.123S","sectionType":"section","heading":"Conciliation certificate","content":"### sec.123S Conciliation certificate\n\nFor sections 507F (1) and 547F (1) of the Act , a certificate about the conciliation process (a conciliation certificate ) must be in the approved form.\nThe conciliation certificate—\nmust not contain comment about the extent to which a party participated or refused to participate in the conciliation; and\nmay state that a party did not attend the conciliation.\nThe conciliator must give a copy of the conciliation certificate to the parties.\nr 123S ins 2021 SL No. 10 s 38\n(sec.123S-ssec.1) For sections 507F (1) and 547F (1) of the Act , a certificate about the conciliation process (a conciliation certificate ) must be in the approved form.\n(sec.123S-ssec.2) The conciliation certificate— must not contain comment about the extent to which a party participated or refused to participate in the conciliation; and may state that a party did not attend the conciliation.\n(sec.123S-ssec.3) The conciliator must give a copy of the conciliation certificate to the parties.\n- (a) must not contain comment about the extent to which a party participated or refused to participate in the conciliation; and\n- (b) may state that a party did not attend the conciliation.","sortOrder":193},{"sectionNumber":"sec.123T","sectionType":"section","heading":"Record of conciliation agreement","content":"### sec.123T Record of conciliation agreement\n\nUnless the parties otherwise agree, the conciliator for a relevant claim must ensure that an agreement reached in the conciliation process is—\nplaced in a sealed container, for example, an envelope; and\nmarked with the file number; and\nmarked—\nfor a relevant claim in an Industrial Magistrates Court—‘Not to be opened without an order of an Industrial Magistrates Court’; or\nfor an unpaid amount claim in the commission—‘Not to be opened without an order of the commission’; and\ngiven to the registrar.\nThe container may be opened only if—\nfor a relevant claim in an Industrial Magistrates Court—the Industrial Magistrates Court orders it to be opened; or\nfor an unpaid amount claim in the commission—the commission orders it to be opened.\nr 123T ins 2021 SL No. 10 s 38\n(sec.123T-ssec.1) Unless the parties otherwise agree, the conciliator for a relevant claim must ensure that an agreement reached in the conciliation process is— placed in a sealed container, for example, an envelope; and marked with the file number; and marked— for a relevant claim in an Industrial Magistrates Court—‘Not to be opened without an order of an Industrial Magistrates Court’; or for an unpaid amount claim in the commission—‘Not to be opened without an order of the commission’; and given to the registrar.\n(sec.123T-ssec.2) The container may be opened only if— for a relevant claim in an Industrial Magistrates Court—the Industrial Magistrates Court orders it to be opened; or for an unpaid amount claim in the commission—the commission orders it to be opened.\n- (a) placed in a sealed container, for example, an envelope; and\n- (b) marked with the file number; and\n- (c) marked— (i) for a relevant claim in an Industrial Magistrates Court—‘Not to be opened without an order of an Industrial Magistrates Court’; or (ii) for an unpaid amount claim in the commission—‘Not to be opened without an order of the commission’; and\n- (i) for a relevant claim in an Industrial Magistrates Court—‘Not to be opened without an order of an Industrial Magistrates Court’; or\n- (ii) for an unpaid amount claim in the commission—‘Not to be opened without an order of the commission’; and\n- (d) given to the registrar.\n- (i) for a relevant claim in an Industrial Magistrates Court—‘Not to be opened without an order of an Industrial Magistrates Court’; or\n- (ii) for an unpaid amount claim in the commission—‘Not to be opened without an order of the commission’; and\n- (a) for a relevant claim in an Industrial Magistrates Court—the Industrial Magistrates Court orders it to be opened; or\n- (b) for an unpaid amount claim in the commission—the commission orders it to be opened.","sortOrder":194},{"sectionNumber":"sec.123U","sectionType":"section","heading":"Hearing of relevant claims not referred to or resolved at conciliation","content":"### sec.123U Hearing of relevant claims not referred to or resolved at conciliation\n\nThis rule applies in relation to a relevant claim in an Industrial Magistrates Court if—\nthe registrar decides not to refer the relevant claim to conciliation; or\nthe conciliation process is finished other than because the parties agree on a resolution of all of the relevant claim.\nThe registrar must—\nnotify the Industrial Magistrates Court of the matter mentioned in subrule (1) (a) or (b) for the relevant claim; and\nrefer the relevant claim or, if subrule (1) (b) applies, the unresolved part of the relevant claim for hearing by the Industrial Magistrates Court.\nr 123U ins 2021 SL No. 10 s 38\n(sec.123U-ssec.1) This rule applies in relation to a relevant claim in an Industrial Magistrates Court if— the registrar decides not to refer the relevant claim to conciliation; or the conciliation process is finished other than because the parties agree on a resolution of all of the relevant claim.\n(sec.123U-ssec.2) The registrar must— notify the Industrial Magistrates Court of the matter mentioned in subrule (1) (a) or (b) for the relevant claim; and refer the relevant claim or, if subrule (1) (b) applies, the unresolved part of the relevant claim for hearing by the Industrial Magistrates Court.\n- (a) the registrar decides not to refer the relevant claim to conciliation; or\n- (b) the conciliation process is finished other than because the parties agree on a resolution of all of the relevant claim.\n- (a) notify the Industrial Magistrates Court of the matter mentioned in subrule (1) (a) or (b) for the relevant claim; and\n- (b) refer the relevant claim or, if subrule (1) (b) applies, the unresolved part of the relevant claim for hearing by the Industrial Magistrates Court.","sortOrder":195},{"sectionNumber":"pt.3B-div.5","sectionType":"division","heading":"Settlement conferences","content":"## Settlement conferences","sortOrder":196},{"sectionNumber":"sec.123V","sectionType":"section","heading":"Definition for division","content":"### sec.123V Definition for division\n\nIn this division—\nsettlement conference see rule 123W (1) .\nr 123V ins 2021 SL No. 10 s 38","sortOrder":197},{"sectionNumber":"sec.123W","sectionType":"section","heading":"Commission or Industrial Magistrates Court may require settlement conference","content":"### sec.123W Commission or Industrial Magistrates Court may require settlement conference\n\nAt any time after a proceeding for a relevant claim is started, the commission or an Industrial Magistrates Court may direct that a conference ( settlement conference ) be held.\nHowever, if the relevant claim has been referred to conciliation under section 507C or 547C of the Act , the commission or Industrial Magistrates Court may act under subrule (1) only if—\nthe conciliation is not proceeding under section 507C (5) or 547C (5) of the Act ; or\nthe conciliation has finished.\nA settlement conference may consider the following matters—\nthe possibility of settling the proceeding at the settlement conference without a hearing;\nthe simplification of the issues;\nthe possibility of obtaining admissions that may facilitate the hearing or reduce costs;\nthe necessity or desirability of further or better particulars of the relevant claim;\nthe amount of any damages;\nthe possible length of any hearing;\nthe burden of costs a party may have to bear;\nanything else that may help dispose of the proceeding.\nThe commission or Industrial Magistrates Court may direct that—\nthe settlement conference be held at the date, time and place stated in the direction; and\nall parties attend personally or, for a corporation, by a person with authority to compromise the claim for the corporation.\nAlso, an Industrial Magistrates Court may direct that the settlement conference be held by a registrar of a Magistrates Court.\nIf the commission or Industrial Magistrates Court acts on its own initiative, the commission or Industrial Magistrates Court must give the parties at least 2 business days notice of—\nthe date, time and place of the settlement conference; and\nif the Industrial Magistrates Court makes a direction under subrule (5) —the fact that the registrar of the Magistrates Court will hold the settlement conference.\nThe commission or Industrial Magistrates Court may adjourn a proceeding listed for hearing so a settlement conference may be held.\nr 123W ins 2021 SL No. 10 s 38\n(sec.123W-ssec.1) At any time after a proceeding for a relevant claim is started, the commission or an Industrial Magistrates Court may direct that a conference ( settlement conference ) be held.\n(sec.123W-ssec.2) However, if the relevant claim has been referred to conciliation under section 507C or 547C of the Act , the commission or Industrial Magistrates Court may act under subrule (1) only if— the conciliation is not proceeding under section 507C (5) or 547C (5) of the Act ; or the conciliation has finished.\n(sec.123W-ssec.3) A settlement conference may consider the following matters— the possibility of settling the proceeding at the settlement conference without a hearing; the simplification of the issues; the possibility of obtaining admissions that may facilitate the hearing or reduce costs; the necessity or desirability of further or better particulars of the relevant claim; the amount of any damages; the possible length of any hearing; the burden of costs a party may have to bear; anything else that may help dispose of the proceeding.\n(sec.123W-ssec.4) The commission or Industrial Magistrates Court may direct that— the settlement conference be held at the date, time and place stated in the direction; and all parties attend personally or, for a corporation, by a person with authority to compromise the claim for the corporation.\n(sec.123W-ssec.5) Also, an Industrial Magistrates Court may direct that the settlement conference be held by a registrar of a Magistrates Court.\n(sec.123W-ssec.6) If the commission or Industrial Magistrates Court acts on its own initiative, the commission or Industrial Magistrates Court must give the parties at least 2 business days notice of— the date, time and place of the settlement conference; and if the Industrial Magistrates Court makes a direction under subrule (5) —the fact that the registrar of the Magistrates Court will hold the settlement conference.\n(sec.123W-ssec.7) The commission or Industrial Magistrates Court may adjourn a proceeding listed for hearing so a settlement conference may be held.\n- (a) the conciliation is not proceeding under section 507C (5) or 547C (5) of the Act ; or\n- (b) the conciliation has finished.\n- (a) the possibility of settling the proceeding at the settlement conference without a hearing;\n- (b) the simplification of the issues;\n- (c) the possibility of obtaining admissions that may facilitate the hearing or reduce costs;\n- (d) the necessity or desirability of further or better particulars of the relevant claim;\n- (e) the amount of any damages;\n- (f) the possible length of any hearing;\n- (g) the burden of costs a party may have to bear;\n- (h) anything else that may help dispose of the proceeding.\n- (a) the settlement conference be held at the date, time and place stated in the direction; and\n- (b) all parties attend personally or, for a corporation, by a person with authority to compromise the claim for the corporation.\n- (a) the date, time and place of the settlement conference; and\n- (b) if the Industrial Magistrates Court makes a direction under subrule (5) —the fact that the registrar of the Magistrates Court will hold the settlement conference.","sortOrder":198},{"sectionNumber":"sec.123X","sectionType":"section","heading":"Holding settlement conference","content":"### sec.123X Holding settlement conference\n\nA settlement conference must be held in private.\nAt a settlement conference, each party must—\nbe sufficiently aware of the party’s case so as to be able to answer any question that may be asked about the claim or any defence to the claim; and\nbe in a position to make and respond properly to an offer of settlement.\nIf the commission or an Industrial Magistrates Court holds a settlement conference, the commission or Industrial Magistrates Court may—\ndirect that a further settlement conference be held; or\nmake the suggestions to a party the commission or Industrial Magistrates Court considers appropriate to help in promptly disposing of the proceeding; or\ngive a party the directions, or make the orders, the commission or Industrial Magistrates Court considers appropriate.\nIf a registrar of a Magistrates Court holds a settlement conference, the registrar of the Magistrates Court may—\nmake the suggestions to a party the registrar of the Magistrates Court considers appropriate to help in promptly disposing of the proceeding; or\nmake a recommendation to the Industrial Magistrates Court about the conduct of the proceeding, including, for example, the holding of any further settlement conference.\nA recommendation made under subrule (4) (b) must be in writing and attached to the file in the way the Industrial Magistrates Court directs.\nAt a settlement conference, any 2 or more parties may sign a memorandum of the results of the conference including any admissions made by the parties.\nA memorandum signed under subrule (6) must be attached to the file in the way the commission or Industrial Magistrates Court directs.\nThe commission or Industrial Magistrates Court may make any orders necessary to give effect to a memorandum signed under subrule (6) .\nThe commission or Industrial Magistrates Court must record on the file any formal orders made by the commission or Industrial Magistrates Court at a settlement conference or under subrule (8) , but must not keep a record of anything discussed at the conference.\nr 123X ins 2021 SL No. 10 s 38\n(sec.123X-ssec.1) A settlement conference must be held in private.\n(sec.123X-ssec.2) At a settlement conference, each party must— be sufficiently aware of the party’s case so as to be able to answer any question that may be asked about the claim or any defence to the claim; and be in a position to make and respond properly to an offer of settlement.\n(sec.123X-ssec.3) If the commission or an Industrial Magistrates Court holds a settlement conference, the commission or Industrial Magistrates Court may— direct that a further settlement conference be held; or make the suggestions to a party the commission or Industrial Magistrates Court considers appropriate to help in promptly disposing of the proceeding; or give a party the directions, or make the orders, the commission or Industrial Magistrates Court considers appropriate.\n(sec.123X-ssec.4) If a registrar of a Magistrates Court holds a settlement conference, the registrar of the Magistrates Court may— make the suggestions to a party the registrar of the Magistrates Court considers appropriate to help in promptly disposing of the proceeding; or make a recommendation to the Industrial Magistrates Court about the conduct of the proceeding, including, for example, the holding of any further settlement conference.\n(sec.123X-ssec.5) A recommendation made under subrule (4) (b) must be in writing and attached to the file in the way the Industrial Magistrates Court directs.\n(sec.123X-ssec.6) At a settlement conference, any 2 or more parties may sign a memorandum of the results of the conference including any admissions made by the parties.\n(sec.123X-ssec.7) A memorandum signed under subrule (6) must be attached to the file in the way the commission or Industrial Magistrates Court directs.\n(sec.123X-ssec.8) The commission or Industrial Magistrates Court may make any orders necessary to give effect to a memorandum signed under subrule (6) .\n(sec.123X-ssec.9) The commission or Industrial Magistrates Court must record on the file any formal orders made by the commission or Industrial Magistrates Court at a settlement conference or under subrule (8) , but must not keep a record of anything discussed at the conference.\n- (a) be sufficiently aware of the party’s case so as to be able to answer any question that may be asked about the claim or any defence to the claim; and\n- (b) be in a position to make and respond properly to an offer of settlement.\n- (a) direct that a further settlement conference be held; or\n- (b) make the suggestions to a party the commission or Industrial Magistrates Court considers appropriate to help in promptly disposing of the proceeding; or\n- (c) give a party the directions, or make the orders, the commission or Industrial Magistrates Court considers appropriate.\n- (a) make the suggestions to a party the registrar of the Magistrates Court considers appropriate to help in promptly disposing of the proceeding; or\n- (b) make a recommendation to the Industrial Magistrates Court about the conduct of the proceeding, including, for example, the holding of any further settlement conference.","sortOrder":199},{"sectionNumber":"sec.123Y","sectionType":"section","heading":"Failure to attend settlement conference","content":"### sec.123Y Failure to attend settlement conference\n\nThis rule applies if a party directed to attend a settlement conference fails to attend the conference.\nIf the commission or Industrial Magistrates Court is satisfied by affidavit that the party who failed to attend was given notice of the date, time and place of the settlement conference, the commission or Industrial Magistrates Court may—\nif the party is the applicant—stay or dismiss the proceeding; or\nif the party is a respondent and the relevant claim discloses a sufficient cause of action—decide the proceeding by making an order or other decision the commission or Industrial Magistrates Court considers appropriate in the circumstances.\nAlso, the commission or Industrial Magistrates Court may give the directions for listing the proceeding for hearing or for holding another settlement conference the commission or Industrial Magistrates Court considers appropriate in the circumstances.\nIf the commission or Industrial Magistrates Court makes a decision under subrule (2) , the commission or Industrial Magistrates Court may, on application made within the time the commission or Industrial Magistrates Court considers reasonable, set aside the decision and order a hearing or further hearing.\nr 123Y ins 2021 SL No. 10 s 38\n(sec.123Y-ssec.1) This rule applies if a party directed to attend a settlement conference fails to attend the conference.\n(sec.123Y-ssec.2) If the commission or Industrial Magistrates Court is satisfied by affidavit that the party who failed to attend was given notice of the date, time and place of the settlement conference, the commission or Industrial Magistrates Court may— if the party is the applicant—stay or dismiss the proceeding; or if the party is a respondent and the relevant claim discloses a sufficient cause of action—decide the proceeding by making an order or other decision the commission or Industrial Magistrates Court considers appropriate in the circumstances.\n(sec.123Y-ssec.3) Also, the commission or Industrial Magistrates Court may give the directions for listing the proceeding for hearing or for holding another settlement conference the commission or Industrial Magistrates Court considers appropriate in the circumstances.\n(sec.123Y-ssec.4) If the commission or Industrial Magistrates Court makes a decision under subrule (2) , the commission or Industrial Magistrates Court may, on application made within the time the commission or Industrial Magistrates Court considers reasonable, set aside the decision and order a hearing or further hearing.\n- (a) if the party is the applicant—stay or dismiss the proceeding; or\n- (b) if the party is a respondent and the relevant claim discloses a sufficient cause of action—decide the proceeding by making an order or other decision the commission or Industrial Magistrates Court considers appropriate in the circumstances.","sortOrder":200},{"sectionNumber":"pt.3B-div.6","sectionType":"division","heading":"Hearing of relevant claims","content":"## Hearing of relevant claims","sortOrder":201},{"sectionNumber":"sec.123Z","sectionType":"section","heading":"Procedure for hearing of relevant claim","content":"### sec.123Z Procedure for hearing of relevant claim\n\nThe parties to a proceeding for a relevant claim must have all documents directly relevant to the proceeding available at the hearing of the proceeding.\nThe commission or an Industrial Magistrates Court—\nmay hear the proceeding in private; and\nmust make a record of the evidence given.\nIf the commission or an Industrial Magistrates Court hears and decides the proceeding, the commission or Industrial Magistrates Court must give a copy of the order endorsing the decision to the parties.\nSee part 2 , division 2 , subdivision 4 and part 3 , division 4 in relation to the powers of the commission and an Industrial Magistrates Court to make directions orders about the conduct of a proceeding.\nr 123Z ins 2021 SL No. 10 s 38\n(sec.123Z-ssec.1) The parties to a proceeding for a relevant claim must have all documents directly relevant to the proceeding available at the hearing of the proceeding.\n(sec.123Z-ssec.2) The commission or an Industrial Magistrates Court— may hear the proceeding in private; and must make a record of the evidence given.\n(sec.123Z-ssec.3) If the commission or an Industrial Magistrates Court hears and decides the proceeding, the commission or Industrial Magistrates Court must give a copy of the order endorsing the decision to the parties.\n- (a) may hear the proceeding in private; and\n- (b) must make a record of the evidence given.","sortOrder":202},{"sectionNumber":"sec.123ZA","sectionType":"section","heading":"Copy of order endorsing decision to be given to registry","content":"### sec.123ZA Copy of order endorsing decision to be given to registry\n\nIf an Industrial Magistrates Court hears and decides a proceeding for a relevant claim, the Industrial Magistrates Court must give a copy of the order endorsing the decision to the registry as soon as practicable after the order is endorsed.\nr 123ZA ins 2021 SL No. 10 s 38","sortOrder":203},{"sectionNumber":"pt.3B-div.7","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":204},{"sectionNumber":"sec.123ZB","sectionType":"section","heading":"No alternative dispute resolution process for relevant claims","content":"### sec.123ZB No alternative dispute resolution process for relevant claims\n\nDespite rule 106 , the Uniform Civil Procedure Rules 1999 , chapter 9 , part 4 does not apply to a relevant claim.\nr 123ZB ins 2021 SL No. 10 s 38","sortOrder":205},{"sectionNumber":"sec.123ZC","sectionType":"section","heading":"Costs for particular relevant claims","content":"### sec.123ZC Costs for particular relevant claims\n\nThis rule applies to a proceeding for a relevant claim other than a proceeding to which section 545 of the Act or section 570 of the Fair Work Act 2009 (Cwlth) applies.\nA person must bear the person’s own costs in relation to the proceeding.\nHowever, the commission or an Industrial Magistrates Court may, on application by a party to the proceeding, order a party to the proceeding to pay costs incurred by another party if the commission or Industrial Magistrates Court is satisfied—\nthe party made the application or responded to the application vexatiously or without reasonable cause; or\nit would have been reasonably apparent to the party that the application or response to the application had no reasonable prospect of success.\nSee rule 110 in relation to the costs and expenses a magistrate may allow.\nr 123ZC ins 2021 SL No. 10 s 38\n(sec.123ZC-ssec.1) This rule applies to a proceeding for a relevant claim other than a proceeding to which section 545 of the Act or section 570 of the Fair Work Act 2009 (Cwlth) applies.\n(sec.123ZC-ssec.2) A person must bear the person’s own costs in relation to the proceeding.\n(sec.123ZC-ssec.3) However, the commission or an Industrial Magistrates Court may, on application by a party to the proceeding, order a party to the proceeding to pay costs incurred by another party if the commission or Industrial Magistrates Court is satisfied— the party made the application or responded to the application vexatiously or without reasonable cause; or it would have been reasonably apparent to the party that the application or response to the application had no reasonable prospect of success.\n- (a) the party made the application or responded to the application vexatiously or without reasonable cause; or\n- (b) it would have been reasonably apparent to the party that the application or response to the application had no reasonable prospect of success.","sortOrder":206},{"sectionNumber":"sec.123ZD","sectionType":"section","heading":"Practice directions for particular proceedings","content":"### sec.123ZD Practice directions for particular proceedings\n\nThe president may, after consulting with the Chief Magistrate, issue practice directions for the guidance of parties to a proceeding for a relevant claim in an Industrial Magistrates Court.\nA practice direction issued under subrule (1) must be published on the QIRC website.\nr 123ZD ins 2021 SL No. 10 s 38\n(sec.123ZD-ssec.1) The president may, after consulting with the Chief Magistrate, issue practice directions for the guidance of parties to a proceeding for a relevant claim in an Industrial Magistrates Court.\n(sec.123ZD-ssec.2) A practice direction issued under subrule (1) must be published on the QIRC website.","sortOrder":207},{"sectionNumber":"pt.4","sectionType":"part","heading":"Lawyers, agents and other representatives","content":"# Lawyers, agents and other representatives","sortOrder":208},{"sectionNumber":"sec.124","sectionType":"section","heading":"Representation in proceedings","content":"### sec.124 Representation in proceedings\n\nAn act required or permitted to be done by a party or person in a proceeding may be done by—\nthe party or person; or\nthe party’s or person’s lawyer or agent; or\nif the party or person is an industrial organisation—an employee, officer or member of the industrial organisation; or\nif the party or person is an employer—an employee or officer of the employer.\nSubrule (1) applies unless the Act , an enabling Act or these rules provide otherwise.\nr 124 amd 2023 SL No. 157 s 7\n(sec.124-ssec.1) An act required or permitted to be done by a party or person in a proceeding may be done by— the party or person; or the party’s or person’s lawyer or agent; or if the party or person is an industrial organisation—an employee, officer or member of the industrial organisation; or if the party or person is an employer—an employee or officer of the employer.\n(sec.124-ssec.2) Subrule (1) applies unless the Act , an enabling Act or these rules provide otherwise.\n- (a) the party or person; or\n- (b) the party’s or person’s lawyer or agent; or\n- (c) if the party or person is an industrial organisation—an employee, officer or member of the industrial organisation; or\n- (d) if the party or person is an employer—an employee or officer of the employer.","sortOrder":209},{"sectionNumber":"sec.125","sectionType":"section","heading":"Notice of appointment of agent","content":"### sec.125 Notice of appointment of agent\n\nThis rule applies if a party or person in a proceeding—\nappoints an agent under section 529 (1) (b) of the Act ; or\nappoints an agent with leave of the industrial tribunal under section 529 (1) (e) of the Act .\nThe party or person must, as soon as practicable after the appointment—\nfile a notice of appointment of agent in the approved form, signed by the party or person appointing the agent; and\nserve a copy of the notice on all parties to the proceeding.\nSubrule (2) (a) applies in relation to the appointment of an agent under section 529 (1) (b) of the Act only if the notice has not already accompanied a document that has been filed.\nFor the requirement for a notice of appointment of agent to accompany a document for filing, see rule 13 .\nOn filing, the address for service in the notice is the party’s or person’s address for service.\nr 125 amd 2017 SL No. 26 s 38\nsub 2023 SL No. 157 s 8\n(sec.125-ssec.1) This rule applies if a party or person in a proceeding— appoints an agent under section 529 (1) (b) of the Act ; or appoints an agent with leave of the industrial tribunal under section 529 (1) (e) of the Act .\n(sec.125-ssec.2) The party or person must, as soon as practicable after the appointment— file a notice of appointment of agent in the approved form, signed by the party or person appointing the agent; and serve a copy of the notice on all parties to the proceeding.\n(sec.125-ssec.3) Subrule (2) (a) applies in relation to the appointment of an agent under section 529 (1) (b) of the Act only if the notice has not already accompanied a document that has been filed. For the requirement for a notice of appointment of agent to accompany a document for filing, see rule 13 .\n(sec.125-ssec.4) On filing, the address for service in the notice is the party’s or person’s address for service.\n- (a) appoints an agent under section 529 (1) (b) of the Act ; or\n- (b) appoints an agent with leave of the industrial tribunal under section 529 (1) (e) of the Act .\n- (a) file a notice of appointment of agent in the approved form, signed by the party or person appointing the agent; and\n- (b) serve a copy of the notice on all parties to the proceeding.","sortOrder":210},{"sectionNumber":"sec.126","sectionType":"section","heading":"Lawyer’s notice of address for service","content":"### sec.126 Lawyer’s notice of address for service\n\nUnless an address for service has already been filed and served in another way, a lawyer who represents a party or person under section 530 of the Act must, as soon as practicable after being appointed, file a notice of address for service and serve a copy of the notice on all parties to the proceeding.\nThe notice must be in the approved form.\nr 126 amd 2017 SL No. 26 s 39\n(sec.126-ssec.1) Unless an address for service has already been filed and served in another way, a lawyer who represents a party or person under section 530 of the Act must, as soon as practicable after being appointed, file a notice of address for service and serve a copy of the notice on all parties to the proceeding.\n(sec.126-ssec.2) The notice must be in the approved form.","sortOrder":211},{"sectionNumber":"sec.127","sectionType":"section","heading":"Withdrawal of appointment as lawyer or agent","content":"### sec.127 Withdrawal of appointment as lawyer or agent\n\nA party or person who has appointed a lawyer or agent to represent the party or person in a proceeding may withdraw the appointment by filing a notice in the approved form and serving a copy of the notice on all parties to the proceeding.\nOn filing, the address for service stated in the notice is the party’s or person’s address for service.\n(sec.127-ssec.1) A party or person who has appointed a lawyer or agent to represent the party or person in a proceeding may withdraw the appointment by filing a notice in the approved form and serving a copy of the notice on all parties to the proceeding.\n(sec.127-ssec.2) On filing, the address for service stated in the notice is the party’s or person’s address for service.","sortOrder":212},{"sectionNumber":"sec.128","sectionType":"section","heading":"Change of lawyer or particular agent","content":"### sec.128 Change of lawyer or particular agent\n\nThis rule applies if a party or person changes the party’s or person’s—\nlawyer; or\nagent, who was appointed under section 529 (1) (b) of the Act , to another agent who is appointed under the same section.\nThe new lawyer or agent must, as soon as practicable after appointment, file a notice of change of lawyer or agent and serve a copy of the notice on the party’s or person’s former lawyer or agent and all parties to the proceeding.\nThe notice must be in the approved form.\nOn filing, the address for service stated in the notice is the party’s or person’s address for service.\nr 128 amd 2023 SL No. 157 s 9\n(sec.128-ssec.1) This rule applies if a party or person changes the party’s or person’s— lawyer; or agent, who was appointed under section 529 (1) (b) of the Act , to another agent who is appointed under the same section.\n(sec.128-ssec.2) The new lawyer or agent must, as soon as practicable after appointment, file a notice of change of lawyer or agent and serve a copy of the notice on the party’s or person’s former lawyer or agent and all parties to the proceeding.\n(sec.128-ssec.3) The notice must be in the approved form.\n(sec.128-ssec.4) On filing, the address for service stated in the notice is the party’s or person’s address for service.\n- (a) lawyer; or\n- (b) agent, who was appointed under section 529 (1) (b) of the Act , to another agent who is appointed under the same section.","sortOrder":213},{"sectionNumber":"sec.129","sectionType":"section","heading":"Making or signing documents for industrial organisation","content":"### sec.129 Making or signing documents for industrial organisation\n\nFor these rules, a document may be made or signed by an industrial organisation if it is made or signed under the rules of the industrial organisation.\nr 129 amd 2023 SL No. 157 s 10","sortOrder":214},{"sectionNumber":"sec.130","sectionType":"section","heading":"No representation by removed or suspended lawyers","content":"### sec.130 No representation by removed or suspended lawyers\n\nA party may not be represented in a proceeding by a person if—\nthe person’s name has been removed from the local roll under the Legal Profession Act 2007 ; or\nthe person’s practising certificate under that Act has been suspended.\n- (a) the person’s name has been removed from the local roll under the Legal Profession Act 2007 ; or\n- (b) the person’s practising certificate under that Act has been suspended.","sortOrder":215},{"sectionNumber":"pt.5","sectionType":"part","heading":"Appeals and WHS reviews","content":"# Appeals and WHS reviews","sortOrder":216},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":217},{"sectionNumber":"sec.131","sectionType":"section","heading":"What a reference to appellant includes for pt 5","content":"### sec.131 What a reference to appellant includes for pt 5\n\nIn this part, a reference to an appellant includes a reference to an applicant for a WHS review.","sortOrder":218},{"sectionNumber":"sec.132","sectionType":"section","heading":"Application of pt 5","content":"### sec.132 Application of pt 5\n\nThis part applies to an appeal—\nto the court under section 556 of the Act from a decision of a magistrate; or\nto the court under section 557 of the Act from a decision of the commission; or\nto the full bench under section 560 of the Act from a decision of the registrar; or\nto the commission under section 562 of the Act against the stand-down of an employee under section 333 of the Act ; or\nunder an appeal Act; or\nunder the Child Employment Act 2006 , section 27 ; or\nunder the Further Education and Training Act 2014 , section 168 .\nThis part also applies to a WHS review.\nr 132 amd 2014 SL No. 143 s 14; 2017 SL No. 26 s 40\n(sec.132-ssec.1) This part applies to an appeal— to the court under section 556 of the Act from a decision of a magistrate; or to the court under section 557 of the Act from a decision of the commission; or to the full bench under section 560 of the Act from a decision of the registrar; or to the commission under section 562 of the Act against the stand-down of an employee under section 333 of the Act ; or under an appeal Act; or under the Child Employment Act 2006 , section 27 ; or under the Further Education and Training Act 2014 , section 168 .\n(sec.132-ssec.2) This part also applies to a WHS review.\n- (a) to the court under section 556 of the Act from a decision of a magistrate; or\n- (b) to the court under section 557 of the Act from a decision of the commission; or\n- (c) to the full bench under section 560 of the Act from a decision of the registrar; or\n- (d) to the commission under section 562 of the Act against the stand-down of an employee under section 333 of the Act ; or\n- (e) under an appeal Act; or\n- (f) under the Child Employment Act 2006 , section 27 ; or\n- (g) under the Further Education and Training Act 2014 , section 168 .","sortOrder":219},{"sectionNumber":"sec.133","sectionType":"section","heading":"Record for particular appeals and WHS reviews","content":"### sec.133 Record for particular appeals and WHS reviews\n\nThis rule does not apply to an appeal mentioned in rule 132 (1) (d) .\nThe record for the appeal or WHS review consists of the following—\nthe application to appeal or the application for the WHS review;\nany of the following that is the subject of the appeal or WHS review—\nan order;\nan industrial instrument;\na training contract;\na registered training contract under the Further Education and Training Act 2014 ;\na completion certificate under the Further Education and Training Act 2014 ;\na qualification or statement of attainment as defined under the Further Education and Training Act 2014 , schedule 2 ;\na declaration, variation of a declaration, or refusal to vary a declaration, of a prohibited employer under the Further Education and Training Act 2014 ;\na decision, determination, direction or notice made or given under the Building and Construction Industry (Portable Long Service Leave) Act 1991 ;\na directive given by the chief inspector under the Coal Mining Safety and Health Act 1999 , part 9 , division 5 ;\na directive given by the chief inspector under the Mining and Quarrying Safety and Health Act 1999 , part 9 , division 5 ;\na notice to show cause—\ngiven under rule 147 (2) or 231 (2) relating to the proceeding in which the decision was made; or\ngiven under section 265 (7) of the Act relating to the decision; or\ngiven under the Work Health and Safety Act 2011 , section 139 relating to the decision;\nany written representations made in response to a notice to show cause mentioned in paragraph (c) ;\nan information notice for the decision given under the following—\nthe Child Employment Act 2006 , section 15 ;\nthe Contract Cleaning Industry (Portable Long Service Leave) Act 2005 , section 69 (7) or 91 (7) (d) ;\nthe Further Education and Training Act 2014 ;\nthe Petroleum and Gas (Production and Safety) Act 2004 , section 799 ;\na certificate of service under the Building and Construction Industry (Portable Long Service Leave) Act 1991 , section 47 relevant to the appeal;\na copy of the application for reconsideration of a decision and any submissions properly made under the Contract Cleaning Industry (Portable Long Service Leave) Act 2005 , section 91 ;\na certificate of competency, or a site senior executive notice, under the Coal Mining Safety and Health Act 1999 relevant to the appeal;\na certificate of competency, or a site senior executive notice, under the Mining and Quarrying Safety and Health Act 1999 relevant to the appeal;\na notice of proposed noncompliance action given under the Petroleum and Gas (Production and Safety) Act 2004 , section 796 that is relevant to the appeal;\na copy of the application for compensation made under the Workers’ Compensation and Rehabilitation Act 2003 , section 132 ;\nthe decision, including any notice of the decision and the reasons for the decision;\nif the decision was as a result of a review—the decision the subject of review, including any notice of the decision and any reasons for the decision;\nany published reasons for the decision;\nan industrial instrument or statement of principle mentioned in the decision;\nif the decision was made in a proceeding—\na transcript or notes of oral evidence made in the proceeding; and\nany list of exhibits, and each exhibit, in the proceeding; and\nan affidavit or statement of evidence in the proceeding.\nThe court or commission may direct that the record be supplemented by other material.\nAny party to the appeal or WHS review may seek a direction under subrule (3) .\nr 133 amd 2012 SL No. 103 s 41 ; 2014 SL No. 143 s 15 ; 2017 SL No. 26 s 41 ; 2021 SL No. 10 s 39\n(sec.133-ssec.1) This rule does not apply to an appeal mentioned in rule 132 (1) (d) .\n(sec.133-ssec.2) The record for the appeal or WHS review consists of the following— the application to appeal or the application for the WHS review; any of the following that is the subject of the appeal or WHS review— an order; an industrial instrument; a training contract; a registered training contract under the Further Education and Training Act 2014 ; a completion certificate under the Further Education and Training Act 2014 ; a qualification or statement of attainment as defined under the Further Education and Training Act 2014 , schedule 2 ; a declaration, variation of a declaration, or refusal to vary a declaration, of a prohibited employer under the Further Education and Training Act 2014 ; a decision, determination, direction or notice made or given under the Building and Construction Industry (Portable Long Service Leave) Act 1991 ; a directive given by the chief inspector under the Coal Mining Safety and Health Act 1999 , part 9 , division 5 ; a directive given by the chief inspector under the Mining and Quarrying Safety and Health Act 1999 , part 9 , division 5 ; a notice to show cause— given under rule 147 (2) or 231 (2) relating to the proceeding in which the decision was made; or given under section 265 (7) of the Act relating to the decision; or given under the Work Health and Safety Act 2011 , section 139 relating to the decision; any written representations made in response to a notice to show cause mentioned in paragraph (c) ; an information notice for the decision given under the following— the Child Employment Act 2006 , section 15 ; the Contract Cleaning Industry (Portable Long Service Leave) Act 2005 , section 69 (7) or 91 (7) (d) ; the Further Education and Training Act 2014 ; the Petroleum and Gas (Production and Safety) Act 2004 , section 799 ; a certificate of service under the Building and Construction Industry (Portable Long Service Leave) Act 1991 , section 47 relevant to the appeal; a copy of the application for reconsideration of a decision and any submissions properly made under the Contract Cleaning Industry (Portable Long Service Leave) Act 2005 , section 91 ; a certificate of competency, or a site senior executive notice, under the Coal Mining Safety and Health Act 1999 relevant to the appeal; a certificate of competency, or a site senior executive notice, under the Mining and Quarrying Safety and Health Act 1999 relevant to the appeal; a notice of proposed noncompliance action given under the Petroleum and Gas (Production and Safety) Act 2004 , section 796 that is relevant to the appeal; a copy of the application for compensation made under the Workers’ Compensation and Rehabilitation Act 2003 , section 132 ; the decision, including any notice of the decision and the reasons for the decision; if the decision was as a result of a review—the decision the subject of review, including any notice of the decision and any reasons for the decision; any published reasons for the decision; an industrial instrument or statement of principle mentioned in the decision; if the decision was made in a proceeding— a transcript or notes of oral evidence made in the proceeding; and any list of exhibits, and each exhibit, in the proceeding; and an affidavit or statement of evidence in the proceeding.\n(sec.133-ssec.3) The court or commission may direct that the record be supplemented by other material.\n(sec.133-ssec.4) Any party to the appeal or WHS review may seek a direction under subrule (3) .\n- (a) the application to appeal or the application for the WHS review;\n- (b) any of the following that is the subject of the appeal or WHS review— (i) an order; (ii) an industrial instrument; (iii) a training contract; (iv) a registered training contract under the Further Education and Training Act 2014 ; (v) a completion certificate under the Further Education and Training Act 2014 ; (vi) a qualification or statement of attainment as defined under the Further Education and Training Act 2014 , schedule 2 ; (vii) a declaration, variation of a declaration, or refusal to vary a declaration, of a prohibited employer under the Further Education and Training Act 2014 ; (viii) a decision, determination, direction or notice made or given under the Building and Construction Industry (Portable Long Service Leave) Act 1991 ; (ix) a directive given by the chief inspector under the Coal Mining Safety and Health Act 1999 , part 9 , division 5 ; (x) a directive given by the chief inspector under the Mining and Quarrying Safety and Health Act 1999 , part 9 , division 5 ;\n- (i) an order;\n- (ii) an industrial instrument;\n- (iii) a training contract;\n- (iv) a registered training contract under the Further Education and Training Act 2014 ;\n- (v) a completion certificate under the Further Education and Training Act 2014 ;\n- (vi) a qualification or statement of attainment as defined under the Further Education and Training Act 2014 , schedule 2 ;\n- (vii) a declaration, variation of a declaration, or refusal to vary a declaration, of a prohibited employer under the Further Education and Training Act 2014 ;\n- (viii) a decision, determination, direction or notice made or given under the Building and Construction Industry (Portable Long Service Leave) Act 1991 ;\n- (ix) a directive given by the chief inspector under the Coal Mining Safety and Health Act 1999 , part 9 , division 5 ;\n- (x) a directive given by the chief inspector under the Mining and Quarrying Safety and Health Act 1999 , part 9 , division 5 ;\n- (c) a notice to show cause— (i) given under rule 147 (2) or 231 (2) relating to the proceeding in which the decision was made; or (ii) given under section 265 (7) of the Act relating to the decision; or (iii) given under the Work Health and Safety Act 2011 , section 139 relating to the decision;\n- (i) given under rule 147 (2) or 231 (2) relating to the proceeding in which the decision was made; or\n- (ii) given under section 265 (7) of the Act relating to the decision; or\n- (iii) given under the Work Health and Safety Act 2011 , section 139 relating to the decision;\n- (d) any written representations made in response to a notice to show cause mentioned in paragraph (c) ;\n- (e) an information notice for the decision given under the following— (i) the Child Employment Act 2006 , section 15 ; (ii) the Contract Cleaning Industry (Portable Long Service Leave) Act 2005 , section 69 (7) or 91 (7) (d) ; (iii) the Further Education and Training Act 2014 ; (iv) the Petroleum and Gas (Production and Safety) Act 2004 , section 799 ;\n- (i) the Child Employment Act 2006 , section 15 ;\n- (ii) the Contract Cleaning Industry (Portable Long Service Leave) Act 2005 , section 69 (7) or 91 (7) (d) ;\n- (iii) the Further Education and Training Act 2014 ;\n- (iv) the Petroleum and Gas (Production and Safety) Act 2004 , section 799 ;\n- (f) a certificate of service under the Building and Construction Industry (Portable Long Service Leave) Act 1991 , section 47 relevant to the appeal;\n- (g) a copy of the application for reconsideration of a decision and any submissions properly made under the Contract Cleaning Industry (Portable Long Service Leave) Act 2005 , section 91 ;\n- (h) a certificate of competency, or a site senior executive notice, under the Coal Mining Safety and Health Act 1999 relevant to the appeal;\n- (i) a certificate of competency, or a site senior executive notice, under the Mining and Quarrying Safety and Health Act 1999 relevant to the appeal;\n- (j) a notice of proposed noncompliance action given under the Petroleum and Gas (Production and Safety) Act 2004 , section 796 that is relevant to the appeal;\n- (k) a copy of the application for compensation made under the Workers’ Compensation and Rehabilitation Act 2003 , section 132 ;\n- (l) the decision, including any notice of the decision and the reasons for the decision;\n- (m) if the decision was as a result of a review—the decision the subject of review, including any notice of the decision and any reasons for the decision;\n- (n) any published reasons for the decision;\n- (o) an industrial instrument or statement of principle mentioned in the decision;\n- (p) if the decision was made in a proceeding— (i) a transcript or notes of oral evidence made in the proceeding; and (ii) any list of exhibits, and each exhibit, in the proceeding; and (iii) an affidavit or statement of evidence in the proceeding.\n- (i) a transcript or notes of oral evidence made in the proceeding; and\n- (ii) any list of exhibits, and each exhibit, in the proceeding; and\n- (iii) an affidavit or statement of evidence in the proceeding.\n- (i) an order;\n- (ii) an industrial instrument;\n- (iii) a training contract;\n- (iv) a registered training contract under the Further Education and Training Act 2014 ;\n- (v) a completion certificate under the Further Education and Training Act 2014 ;\n- (vi) a qualification or statement of attainment as defined under the Further Education and Training Act 2014 , schedule 2 ;\n- (vii) a declaration, variation of a declaration, or refusal to vary a declaration, of a prohibited employer under the Further Education and Training Act 2014 ;\n- (viii) a decision, determination, direction or notice made or given under the Building and Construction Industry (Portable Long Service Leave) Act 1991 ;\n- (ix) a directive given by the chief inspector under the Coal Mining Safety and Health Act 1999 , part 9 , division 5 ;\n- (x) a directive given by the chief inspector under the Mining and Quarrying Safety and Health Act 1999 , part 9 , division 5 ;\n- (i) given under rule 147 (2) or 231 (2) relating to the proceeding in which the decision was made; or\n- (ii) given under section 265 (7) of the Act relating to the decision; or\n- (iii) given under the Work Health and Safety Act 2011 , section 139 relating to the decision;\n- (i) the Child Employment Act 2006 , section 15 ;\n- (ii) the Contract Cleaning Industry (Portable Long Service Leave) Act 2005 , section 69 (7) or 91 (7) (d) ;\n- (iii) the Further Education and Training Act 2014 ;\n- (iv) the Petroleum and Gas (Production and Safety) Act 2004 , section 799 ;\n- (i) a transcript or notes of oral evidence made in the proceeding; and\n- (ii) any list of exhibits, and each exhibit, in the proceeding; and\n- (iii) an affidavit or statement of evidence in the proceeding.","sortOrder":220},{"sectionNumber":"sec.134","sectionType":"section","heading":"Application for stay of decision under appeal or review","content":"### sec.134 Application for stay of decision under appeal or review\n\nAn application for a stay of a decision under appeal or review must—\nbe in the approved form; and\ninclude—\ndetails of the interest of the applicant; and\nany other facts and circumstances relevant to the exercise of the jurisdiction of the court, the commission or a magistrate.\nSee schedule 2 for the definition stay of a decision under appeal or review .\nAn application for a stay of a decision under appeal or review must not form part of—\nan application for leave to appeal; or\nan application to appeal; or\nan application for a WHS review.\n(sec.134-ssec.1) An application for a stay of a decision under appeal or review must— be in the approved form; and include— details of the interest of the applicant; and any other facts and circumstances relevant to the exercise of the jurisdiction of the court, the commission or a magistrate. See schedule 2 for the definition stay of a decision under appeal or review .\n(sec.134-ssec.2) An application for a stay of a decision under appeal or review must not form part of— an application for leave to appeal; or an application to appeal; or an application for a WHS review.\n- (a) be in the approved form; and\n- (b) include— (i) details of the interest of the applicant; and (ii) any other facts and circumstances relevant to the exercise of the jurisdiction of the court, the commission or a magistrate.\n- (i) details of the interest of the applicant; and\n- (ii) any other facts and circumstances relevant to the exercise of the jurisdiction of the court, the commission or a magistrate.\n- (i) details of the interest of the applicant; and\n- (ii) any other facts and circumstances relevant to the exercise of the jurisdiction of the court, the commission or a magistrate.\n- (a) an application for leave to appeal; or\n- (b) an application to appeal; or\n- (c) an application for a WHS review.","sortOrder":221},{"sectionNumber":"sec.135","sectionType":"section","heading":"Service of applications","content":"### sec.135 Service of applications\n\nThis rule applies to—\nan application to appeal; or\nan application for leave to appeal; or\nan application for a stay of a decision under appeal or review; or\nan application for a WHS review.\nUnless an enabling Act otherwise provides, the appellant must, within 7 days after the day the application is filed, serve the application on—\nall respondents to the appeal or WHS review; and\nany other person required to be served under an enabling Act; and\nanyone else the court, the commission or a magistrate may direct.\nIf the chief executive (training) is a respondent to an appeal, subrule (2) is taken to be complied with if the appellant serves the application on the chief executive (training).\nr 135 amd 2012 SL No. 103 s 42 ; 2014 SL No. 143 s 16 ; 2021 SL No. 10 s 40\n(sec.135-ssec.1) This rule applies to— an application to appeal; or an application for leave to appeal; or an application for a stay of a decision under appeal or review; or an application for a WHS review.\n(sec.135-ssec.2) Unless an enabling Act otherwise provides, the appellant must, within 7 days after the day the application is filed, serve the application on— all respondents to the appeal or WHS review; and any other person required to be served under an enabling Act; and anyone else the court, the commission or a magistrate may direct.\n(sec.135-ssec.3) If the chief executive (training) is a respondent to an appeal, subrule (2) is taken to be complied with if the appellant serves the application on the chief executive (training).\n- (a) an application to appeal; or\n- (b) an application for leave to appeal; or\n- (c) an application for a stay of a decision under appeal or review; or\n- (d) an application for a WHS review.\n- (a) all respondents to the appeal or WHS review; and\n- (b) any other person required to be served under an enabling Act; and\n- (c) anyone else the court, the commission or a magistrate may direct.","sortOrder":222},{"sectionNumber":"sec.136","sectionType":"section","heading":"Service of application if respondent is the chief executive (training)","content":"### sec.136 Service of application if respondent is the chief executive (training)\n\nThis rule applies if—\nthe chief executive (training) is a respondent to an appeal under the Further Education and Training Act 2014 , section 168 ; and\nthe chief executive (training) is served with the application to appeal under rule 135 .\nThe chief executive (training) must promptly—\nserve a copy of a document mentioned in rule 133 (2) (b) (ii) to (vii) , (d), (e)(iii) or (l) on the appellant and any other person who may be directly affected by the relief sought in the appeal; and\nsend the originals of the documents to the registrar with a notice stating the names, addresses and contact telephone and fax numbers, if any, of the persons served.\nr 136 amd 2012 SL No. 103 s 43 ; 2014 SL No. 143 s 17 ; 2017 SL No. 26 s 42\n(sec.136-ssec.1) This rule applies if— the chief executive (training) is a respondent to an appeal under the Further Education and Training Act 2014 , section 168 ; and the chief executive (training) is served with the application to appeal under rule 135 .\n(sec.136-ssec.2) The chief executive (training) must promptly— serve a copy of a document mentioned in rule 133 (2) (b) (ii) to (vii) , (d), (e)(iii) or (l) on the appellant and any other person who may be directly affected by the relief sought in the appeal; and send the originals of the documents to the registrar with a notice stating the names, addresses and contact telephone and fax numbers, if any, of the persons served.\n- (a) the chief executive (training) is a respondent to an appeal under the Further Education and Training Act 2014 , section 168 ; and\n- (b) the chief executive (training) is served with the application to appeal under rule 135 .\n- (a) serve a copy of a document mentioned in rule 133 (2) (b) (ii) to (vii) , (d), (e)(iii) or (l) on the appellant and any other person who may be directly affected by the relief sought in the appeal; and\n- (b) send the originals of the documents to the registrar with a notice stating the names, addresses and contact telephone and fax numbers, if any, of the persons served.","sortOrder":223},{"sectionNumber":"sec.137","sectionType":"section","heading":"Failure to prosecute appeal or WHS review","content":"### sec.137 Failure to prosecute appeal or WHS review\n\nThis rule applies if an appellant fails to comply with either of the following—\nany step required under the Act , an enabling Act or these rules;\nany direction or order, including a direction or order about filing or serving a written outline of submissions or argument.\nThe court, the commission or a magistrate may dismiss the appeal or WHS review for want of prosecution—\nat or before the hearing of the appeal or WHS review; and\neither—\non its own initiative; or\non application by the respondent.\n(sec.137-ssec.1) This rule applies if an appellant fails to comply with either of the following— any step required under the Act , an enabling Act or these rules; any direction or order, including a direction or order about filing or serving a written outline of submissions or argument.\n(sec.137-ssec.2) The court, the commission or a magistrate may dismiss the appeal or WHS review for want of prosecution— at or before the hearing of the appeal or WHS review; and either— on its own initiative; or on application by the respondent.\n- (a) any step required under the Act , an enabling Act or these rules;\n- (b) any direction or order, including a direction or order about filing or serving a written outline of submissions or argument.\n- (a) at or before the hearing of the appeal or WHS review; and\n- (b) either— (i) on its own initiative; or (ii) on application by the respondent.\n- (i) on its own initiative; or\n- (ii) on application by the respondent.\n- (i) on its own initiative; or\n- (ii) on application by the respondent.","sortOrder":224},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Review by commission","content":"## Review by commission","sortOrder":225},{"sectionNumber":"sec.138","sectionType":"section","heading":"Application for WHS review","content":"### sec.138 Application for WHS review\n\nAn application for a WHS review must state the following—\nthe decision to be reviewed;\nthe full grounds for review and the facts relied on;\nthe decision the applicant wants instead of the decision under review.\nAn application for a WHS review must be in the approved form. See rule 8 (1) .\n- (a) the decision to be reviewed;\n- (b) the full grounds for review and the facts relied on;\n- (c) the decision the applicant wants instead of the decision under review.","sortOrder":226},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Appeal to court or commission","content":"## Appeal to court or commission","sortOrder":227},{"sectionNumber":"sec.139","sectionType":"section","heading":"Application to appeal— Act , s 557 or 562","content":"### sec.139 Application to appeal— Act , s 557 or 562\n\nThis rule applies to an application to appeal—\nto the court under section 557 of the Act from a decision of the commission; or\nto the commission under section 562 of the Act against the stand-down of an employee under section 333 of the Act .\nThe application to appeal must be filed and state the following—\nthe name and last known address of each respondent or other party;\nwhether the appeal is from all or part (and which part) of the decision appealed from;\nconcise grounds of the appeal;\nthe decision the appellant wants instead of the decision appealed from;\nif the appeal is from a decision of the full bench—whether the president was a member of the full bench.\nAn application to appeal must be in the approved form. See rules 4 and 8 (1) and (4) .\nSee section 557 (5) of the Act for the definition of commission for that section.\nr 139 sub 2017 SL No. 26 s 43\n(sec.139-ssec.1) This rule applies to an application to appeal— to the court under section 557 of the Act from a decision of the commission; or to the commission under section 562 of the Act against the stand-down of an employee under section 333 of the Act .\n(sec.139-ssec.2) The application to appeal must be filed and state the following— the name and last known address of each respondent or other party; whether the appeal is from all or part (and which part) of the decision appealed from; concise grounds of the appeal; the decision the appellant wants instead of the decision appealed from; if the appeal is from a decision of the full bench—whether the president was a member of the full bench.\n- (a) to the court under section 557 of the Act from a decision of the commission; or\n- (b) to the commission under section 562 of the Act against the stand-down of an employee under section 333 of the Act .\n- (a) the name and last known address of each respondent or other party;\n- (b) whether the appeal is from all or part (and which part) of the decision appealed from;\n- (c) concise grounds of the appeal;\n- (d) the decision the appellant wants instead of the decision appealed from;\n- (e) if the appeal is from a decision of the full bench—whether the president was a member of the full bench.\n- 1 An application to appeal must be in the approved form. See rules 4 and 8 (1) and (4) .\n- 2 See section 557 (5) of the Act for the definition of commission for that section.","sortOrder":228},{"sectionNumber":"sec.140","sectionType":"section","heading":"Application for leave to appeal— Act , s 557 or 560","content":"### sec.140 Application for leave to appeal— Act , s 557 or 560\n\nAn application for leave to appeal must state the following—\nthe name and last known address of each respondent or other party;\nthe grounds of the appeal;\nthe facts and circumstances relied on to argue that an appeal should be brought in the public interest.\nA proceeding is started by an application in the approved form. See rule 8 (1) .\nIf the application is made under section 557 (2) or 560 (2) of the Act , the grounds of appeal stated in the application must not include an error of law or excess, or want, of jurisdiction.\nr 140 amd 2017 SL No. 26 s 44\n(sec.140-ssec.1) An application for leave to appeal must state the following— the name and last known address of each respondent or other party; the grounds of the appeal; the facts and circumstances relied on to argue that an appeal should be brought in the public interest. A proceeding is started by an application in the approved form. See rule 8 (1) .\n(sec.140-ssec.2) If the application is made under section 557 (2) or 560 (2) of the Act , the grounds of appeal stated in the application must not include an error of law or excess, or want, of jurisdiction.\n- (a) the name and last known address of each respondent or other party;\n- (b) the grounds of the appeal;\n- (c) the facts and circumstances relied on to argue that an appeal should be brought in the public interest.","sortOrder":229},{"sectionNumber":"sec.141","sectionType":"section","heading":"Application for leave to appeal refused— Act , s 557 or 560","content":"### sec.141 Application for leave to appeal refused— Act , s 557 or 560\n\nIf the court or full bench refuses to grant leave to appeal—\nthe appeal is taken to have been struck out; and\na further application for leave to appeal, or an appeal, can not be filed for the subject matter of the struck out appeal.\nr 141 amd 2017 SL No. 26 s 45\n- (a) the appeal is taken to have been struck out; and\n- (b) a further application for leave to appeal, or an appeal, can not be filed for the subject matter of the struck out appeal.","sortOrder":230},{"sectionNumber":"sec.142","sectionType":"section","heading":"Response to application for leave to appeal— Act , s 557 or 560","content":"### sec.142 Response to application for leave to appeal— Act , s 557 or 560\n\nA respondent opposing an application for leave to appeal must file a response in the approved form stating—\nthe grounds relied on; and\nthe facts supporting the grounds.\nThe response must be served on all other parties to the proceeding within 21 days after the day the application is served or the further time the court or full bench may allow.\nr 142 amd 2017 SL No. 26 s 46\n(sec.142-ssec.1) A respondent opposing an application for leave to appeal must file a response in the approved form stating— the grounds relied on; and the facts supporting the grounds.\n(sec.142-ssec.2) The response must be served on all other parties to the proceeding within 21 days after the day the application is served or the further time the court or full bench may allow.\n- (a) the grounds relied on; and\n- (b) the facts supporting the grounds.","sortOrder":231},{"sectionNumber":"sec.143","sectionType":"section","heading":"Application to appeal to full bench from registrar— Act , s 560","content":"### sec.143 Application to appeal to full bench from registrar— Act , s 560\n\nAn application to appeal from a decision of the registrar under section 560 (1) or (2) of the Act must state the following—\nthe name and last known address of each respondent or other party;\nthe grounds of the appeal.\nr 143 amd 2017 SL No. 26 s 47\n- (a) the name and last known address of each respondent or other party;\n- (b) the grounds of the appeal.","sortOrder":232},{"sectionNumber":"sec.144","sectionType":"section","heading":"Application to appeal from magistrate— Act , s 556","content":"### sec.144 Application to appeal from magistrate— Act , s 556\n\nAn application to appeal from a decision of a magistrate must—\nbe filed in the Magistrates Court at the place where the decision was made; and\nstate the grounds of the appeal.\nAn application to appeal must be in the approved form. See rules 4 and 8 (1) and (4) .\nr 144 amd 2017 SL No. 26 s 48\n- (a) be filed in the Magistrates Court at the place where the decision was made; and\n- (b) state the grounds of the appeal.","sortOrder":233},{"sectionNumber":"sec.145","sectionType":"section","heading":"Magistrate may order appellant’s release from custody","content":"### sec.145 Magistrate may order appellant’s release from custody\n\nThis rule applies to an appellant to an appeal from a decision of a magistrate.\nIf the appellant is in custody only in relation to the subject matter of the proceeding in which the decision was made, a magistrate may order the appellant’s release from custody.\n(sec.145-ssec.1) This rule applies to an appellant to an appeal from a decision of a magistrate.\n(sec.145-ssec.2) If the appellant is in custody only in relation to the subject matter of the proceeding in which the decision was made, a magistrate may order the appellant’s release from custody.","sortOrder":234},{"sectionNumber":"sec.146","sectionType":"section","heading":"Form of arrest warrant— Act , s 558","content":"### sec.146 Form of arrest warrant— Act , s 558\n\nA warrant under section 558 (2) of the Act must be in the approved form.\nr 146 amd 2017 SL No. 26 s 49","sortOrder":235},{"sectionNumber":"sec.147","sectionType":"section","heading":"Striking out application to appeal by released appellant after at least 2 months delay","content":"### sec.147 Striking out application to appeal by released appellant after at least 2 months delay\n\nThis rule applies if—\nan application to appeal from a decision of a magistrate has been filed; and\nthe appellant has been released from custody under rule 145 ; and\nno action has been taken in relation to the application by the appellant for at least 2 months since the later of the following—\nthe registrar’s receipt of the application;\nthe last action taken in the application.\nThe registrar may, by notice, require the appellant to show cause in writing, within 21 days after the day the notice is given, why the application to appeal should not be struck out.\nThe notice must state that the application may be struck out if the appellant does not show cause within the time stated in the notice.\nThe appellant’s response to the notice to show cause must state the following—\nthe steps taken by the appellant in the proceeding in which the decision appealed from was made;\nan explanation for the circumstances of the delay;\nthe steps (including a timetable) proposed to be taken to progress the proceeding;\nany prejudice suffered or likely to be suffered by another party to the proceeding if the proceeding is not struck out;\nthe merits of the proceeding;\nwhy the registrar or court should not strike out the application despite the delay.\nAfter considering any response by the appellant to the notice to show cause, the registrar may do 1 of the following—\nstrike out the application to appeal;\nlist the matter of showing cause for hearing before the court, with or without directions;\nlist the application to appeal for hearing, with or without directions;\nmake another order dealing with the application to appeal the registrar considers appropriate.\nOn a hearing of the matter of showing cause, the court may do 1 of the following—\nstrike out the application to appeal;\nlist the application to appeal for hearing, with or without directions;\nmake another order dealing with the application to appeal the court considers appropriate.\nThe striking out of the application to appeal under this rule also disposes of any other application in the proceeding that has not been disposed of, other than in relation to costs.\nIf the application to appeal is struck out under this rule, the registrar must give the parties notice that the court or registrar has struck out the application.\n(sec.147-ssec.1) This rule applies if— an application to appeal from a decision of a magistrate has been filed; and the appellant has been released from custody under rule 145 ; and no action has been taken in relation to the application by the appellant for at least 2 months since the later of the following— the registrar’s receipt of the application; the last action taken in the application.\n(sec.147-ssec.2) The registrar may, by notice, require the appellant to show cause in writing, within 21 days after the day the notice is given, why the application to appeal should not be struck out.\n(sec.147-ssec.3) The notice must state that the application may be struck out if the appellant does not show cause within the time stated in the notice.\n(sec.147-ssec.4) The appellant’s response to the notice to show cause must state the following— the steps taken by the appellant in the proceeding in which the decision appealed from was made; an explanation for the circumstances of the delay; the steps (including a timetable) proposed to be taken to progress the proceeding; any prejudice suffered or likely to be suffered by another party to the proceeding if the proceeding is not struck out; the merits of the proceeding; why the registrar or court should not strike out the application despite the delay.\n(sec.147-ssec.5) After considering any response by the appellant to the notice to show cause, the registrar may do 1 of the following— strike out the application to appeal; list the matter of showing cause for hearing before the court, with or without directions; list the application to appeal for hearing, with or without directions; make another order dealing with the application to appeal the registrar considers appropriate.\n(sec.147-ssec.6) On a hearing of the matter of showing cause, the court may do 1 of the following— strike out the application to appeal; list the application to appeal for hearing, with or without directions; make another order dealing with the application to appeal the court considers appropriate.\n(sec.147-ssec.7) The striking out of the application to appeal under this rule also disposes of any other application in the proceeding that has not been disposed of, other than in relation to costs.\n(sec.147-ssec.8) If the application to appeal is struck out under this rule, the registrar must give the parties notice that the court or registrar has struck out the application.\n- (a) an application to appeal from a decision of a magistrate has been filed; and\n- (b) the appellant has been released from custody under rule 145 ; and\n- (c) no action has been taken in relation to the application by the appellant for at least 2 months since the later of the following— (i) the registrar’s receipt of the application; (ii) the last action taken in the application.\n- (i) the registrar’s receipt of the application;\n- (ii) the last action taken in the application.\n- (i) the registrar’s receipt of the application;\n- (ii) the last action taken in the application.\n- (a) the steps taken by the appellant in the proceeding in which the decision appealed from was made;\n- (b) an explanation for the circumstances of the delay;\n- (c) the steps (including a timetable) proposed to be taken to progress the proceeding;\n- (d) any prejudice suffered or likely to be suffered by another party to the proceeding if the proceeding is not struck out;\n- (e) the merits of the proceeding;\n- (f) why the registrar or court should not strike out the application despite the delay.\n- (a) strike out the application to appeal;\n- (b) list the matter of showing cause for hearing before the court, with or without directions;\n- (c) list the application to appeal for hearing, with or without directions;\n- (d) make another order dealing with the application to appeal the registrar considers appropriate.\n- (a) strike out the application to appeal;\n- (b) list the application to appeal for hearing, with or without directions;\n- (c) make another order dealing with the application to appeal the court considers appropriate.","sortOrder":236},{"sectionNumber":"sec.148","sectionType":"section","heading":"Clerk of Magistrates Court to send documents to registrar","content":"### sec.148 Clerk of Magistrates Court to send documents to registrar\n\nOn the filing of an appeal in a Magistrates Court, the clerk of the Magistrates Court must promptly send the originals of the following documents to the registrar—\nthe application to appeal;\nthe application for a claim or complaint;\nthe depositions;\nthe exhibits, if practicable;\nthe records of the proceeding, including any other proceeding, before the magistrate;\nthe magistrate’s decision.\n- (a) the application to appeal;\n- (b) the application for a claim or complaint;\n- (c) the depositions;\n- (d) the exhibits, if practicable;\n- (e) the records of the proceeding, including any other proceeding, before the magistrate;\n- (f) the magistrate’s decision.","sortOrder":237},{"sectionNumber":"pt.6","sectionType":"part","heading":"Modern employment conditions","content":"# Modern employment conditions","sortOrder":238},{"sectionNumber":"sec.149","sectionType":"section","heading":"Application for order for payment instead of long service leave","content":"### sec.149 Application for order for payment instead of long service leave\n\nAn application under section 110 (3) of the Act must—\nbe in the approved form; and\nstate the grounds on which the application is made.\nr 149 amd 2017 SL No. 26 s 51\n- (a) be in the approved form; and\n- (b) state the grounds on which the application is made.","sortOrder":239},{"sectionNumber":"sec.149A","sectionType":"section","heading":"Application for order fixing minimum wages and employment conditions for apprentices and trainees","content":"### sec.149A Application for order fixing minimum wages and employment conditions for apprentices and trainees\n\nAn application under section 136 (4) (b) of the Act for an order fixing minimum wages and employment conditions for apprentices or trainees must be in the approved form.\nr 149A (prev r 163) amd 2017 SL No. 26 s 63 (1)\nreloc and renum 2017 SL No. 26 s 63 (2)\namd 2021 SL No. 10 s 55","sortOrder":240},{"sectionNumber":"sec.149B","sectionType":"section","heading":"Application for order about tools","content":"### sec.149B Application for order about tools\n\nAn application under section 137 (3) (b) of the Act for an order requiring an apprentice’s employer to provide the apprentice with tools or a tool allowance must be in the approved form.\nr 149B (prev r 164) amd 2017 SL No. 26 s 64 (1)\nreloc and renum 2017 SL No. 26 s 64 (2)\namd 2021 SL No. 10 s 55","sortOrder":241},{"sectionNumber":"sec.149C","sectionType":"section","heading":"Application for order for employees in labour market program","content":"### sec.149C Application for order for employees in labour market program\n\nAn application under section 140 (3) (b) of the Act for an order fixing wages and employment conditions for employees who participate in a labour market program must be in the approved form.\nr 149C (prev r 165) reloc and renum 2017 SL No. 26 s 65\namd 2021 SL No. 10 s 55","sortOrder":242},{"sectionNumber":"sec.150","sectionType":"section","heading":"Application for order for payment of proportionate payment for long service leave","content":"### sec.150 Application for order for payment of proportionate payment for long service leave\n\nThis rule applies to an application under section 476 of the Act for an order for payment of that part of an employee’s unpaid wages that are for long service leave payable under section 95 (3) of the Act .\nThe application must—\nbe in the approved form; and\nstate the grounds on which the application is made.\nr 150 amd 2017 SL No. 26 s 52\n(sec.150-ssec.1) This rule applies to an application under section 476 of the Act for an order for payment of that part of an employee’s unpaid wages that are for long service leave payable under section 95 (3) of the Act .\n(sec.150-ssec.2) The application must— be in the approved form; and state the grounds on which the application is made.\n- (a) be in the approved form; and\n- (b) state the grounds on which the application is made.","sortOrder":243},{"sectionNumber":"sec.151","sectionType":"section","heading":"Application for order ensuring equal remuneration for work of equal or comparable value","content":"### sec.151 Application for order ensuring equal remuneration for work of equal or comparable value\n\nAn application for an order under chapter 5 , part 3 of the Act must be in the approved form.\nIf the application is made by an organisation whose rules entitle it to represent the industrial interests of employees to be covered by the order, an affidavit contained in or accompanying the application must state the name of the organisation.\nr 151 amd 2017 SL No. 26 s 53\namd 2021 SL No. 10 s 55\n(sec.151-ssec.1) An application for an order under chapter 5 , part 3 of the Act must be in the approved form.\n(sec.151-ssec.2) If the application is made by an organisation whose rules entitle it to represent the industrial interests of employees to be covered by the order, an affidavit contained in or accompanying the application must state the name of the organisation.","sortOrder":244},{"sectionNumber":"pt.7","sectionType":"part","heading":"Dismissals","content":"# Dismissals","sortOrder":245},{"sectionNumber":"sec.152","sectionType":"section","heading":"Application for reinstatement","content":"### sec.152 Application for reinstatement\n\nAn application for reinstatement under section 317 (1) of the Act must—\nbe filed; and\nbe in the approved form.\nThe applicant must serve a copy of the application on the employer within 7 days after filing the application.\nr 152 amd 2017 SL No. 26 s 54 ; 2021 SL No. 10 s 41\n(sec.152-ssec.1) An application for reinstatement under section 317 (1) of the Act must— be filed; and be in the approved form.\n(sec.152-ssec.2) The applicant must serve a copy of the application on the employer within 7 days after filing the application.\n- (a) be filed; and\n- (b) be in the approved form.","sortOrder":246},{"sectionNumber":"sec.153","sectionType":"section","heading":null,"content":"### Section sec.153\n\nr 153 amd 2017 SL No. 26 s 55\nom 2021 SL No. 10 s 42","sortOrder":247},{"sectionNumber":"sec.154","sectionType":"section","heading":"Application for compensation order","content":"### sec.154 Application for compensation order\n\nAn application for an order for compensation under section 122 (1) (b) of the Act must be in the approved form.\nr 154 amd 2017 SL No. 26 s 56 ; 2021 SL No. 10 s 55","sortOrder":248},{"sectionNumber":"sec.155","sectionType":"section","heading":"Application for order about severance allowance and other separation benefits","content":"### sec.155 Application for order about severance allowance and other separation benefits\n\nAn application for an order under section 326 of the Act must be in the approved form.\nIf the application is made by an organisation whose rules entitle it to represent the industrial interests of an employee to be covered by the order, an affidavit contained in or accompanying the application must state the name of the organisation.\nr 155 amd 2017 SL No. 26 s 57 ; 2021 SL No. 10 s 55\n(sec.155-ssec.1) An application for an order under section 326 of the Act must be in the approved form.\n(sec.155-ssec.2) If the application is made by an organisation whose rules entitle it to represent the industrial interests of an employee to be covered by the order, an affidavit contained in or accompanying the application must state the name of the organisation.","sortOrder":249},{"sectionNumber":"sec.156","sectionType":"section","heading":"Application for order for contravention of Act, s 329","content":"### sec.156 Application for order for contravention of Act, s 329\n\nAn application for an order under section 329 (3) of the Act must be in the approved form.\nAn affidavit contained in or accompanying the application must state—\nthe facts it is alleged constitute the contravention of section 329 (1) or (2) of the Act ; and\nif the application is made by an organisation whose rules entitle the organisation to represent the industrial interests of an employee to be covered by the order—the name of the organisation.\nr 156 amd 2017 SL No. 26 s 58 ; 2021 SL No. 10 s 55\n(sec.156-ssec.1) An application for an order under section 329 (3) of the Act must be in the approved form.\n(sec.156-ssec.2) An affidavit contained in or accompanying the application must state— the facts it is alleged constitute the contravention of section 329 (1) or (2) of the Act ; and if the application is made by an organisation whose rules entitle the organisation to represent the industrial interests of an employee to be covered by the order—the name of the organisation.\n- (a) the facts it is alleged constitute the contravention of section 329 (1) or (2) of the Act ; and\n- (b) if the application is made by an organisation whose rules entitle the organisation to represent the industrial interests of an employee to be covered by the order—the name of the organisation.","sortOrder":250},{"sectionNumber":"sec.157","sectionType":"section","heading":"Application for order for contravention of Act, s 330","content":"### sec.157 Application for order for contravention of Act, s 330\n\nAn application for an order under section 330 (3) of the Act must be in the approved form.\nAn affidavit contained in or accompanying the application must state—\nthe facts it is alleged constitute the contravention of section 330 (1) or (2) of the Act ; and\nif the application is made by an organisation that is to be affected by the order—the name of the organisation.\nr 157 amd 2017 SL No. 26 s 59 ; 2021 SL No. 10 s 55\n(sec.157-ssec.1) An application for an order under section 330 (3) of the Act must be in the approved form.\n(sec.157-ssec.2) An affidavit contained in or accompanying the application must state— the facts it is alleged constitute the contravention of section 330 (1) or (2) of the Act ; and if the application is made by an organisation that is to be affected by the order—the name of the organisation.\n- (a) the facts it is alleged constitute the contravention of section 330 (1) or (2) of the Act ; and\n- (b) if the application is made by an organisation that is to be affected by the order—the name of the organisation.","sortOrder":251},{"sectionNumber":"pt.8","sectionType":"part","heading":null,"content":"","sortOrder":252},{"sectionNumber":"sec.158","sectionType":"section","heading":null,"content":"### Section sec.158\n\nr 158 om 2017 SL No. 26 s 60","sortOrder":253},{"sectionNumber":"sec.159","sectionType":"section","heading":null,"content":"### Section sec.159\n\nr 159 om 2017 SL No. 26 s 60","sortOrder":254},{"sectionNumber":"pt.9","sectionType":"part","heading":"Modern awards","content":"# Modern awards","sortOrder":255},{"sectionNumber":"sec.160","sectionType":"section","heading":"Application to make or vary modern awards","content":"### sec.160 Application to make or vary modern awards\n\nAn application to make, or for an order varying, a modern award under section 147 (2) (b) of the Act must be in the approved form.\nr 160 sub 2017 SL No. 26 s 62\namd 2021 SL No. 10 s 55","sortOrder":256},{"sectionNumber":"sec.161","sectionType":"section","heading":"Application to make modern awards that relate to remuneration of employees","content":"### sec.161 Application to make modern awards that relate to remuneration of employees\n\nThis rule applies to an application under section 147 (2) (b) of the Act to make a modern award that relates to remuneration of employees.\nAn affidavit contained in or accompanying the application must state the facts relied on to show that the award provides for equal remuneration for work of equal or comparable value.\nSee section 143 (1) (c) and chapter 5 , part 2 , division 1 of the Act .\nr 161 sub 2017 SL No. 26 s 62\n(sec.161-ssec.1) This rule applies to an application under section 147 (2) (b) of the Act to make a modern award that relates to remuneration of employees.\n(sec.161-ssec.2) An affidavit contained in or accompanying the application must state the facts relied on to show that the award provides for equal remuneration for work of equal or comparable value. See section 143 (1) (c) and chapter 5 , part 2 , division 1 of the Act .","sortOrder":257},{"sectionNumber":"sec.162","sectionType":"section","heading":"Application to revoke modern awards","content":"### sec.162 Application to revoke modern awards\n\nAn application for an order revoking a modern award under section 150 (3) (b) of the Act must be in the approved form.\nr 162 sub 2017 SL No. 26 s 62\namd 2021 SL No. 10 s 55","sortOrder":258},{"sectionNumber":"sec.166","sectionType":"section","heading":null,"content":"### Section sec.166\n\nr 166 om 2014 SL No. 143 s 18","sortOrder":259},{"sectionNumber":"pt.10","sectionType":"part","heading":"Bargaining instruments","content":"# Bargaining instruments","sortOrder":260},{"sectionNumber":"sec.167","sectionType":"section","heading":"Notice in relation to project agreement or multi-employer agreement","content":"### sec.167 Notice in relation to project agreement or multi-employer agreement\n\nWritten notice given to the commission under section 169 (2) (b) of the Act must be filed in the approved form.\nWritten notice given to the commission under section 170 (2) (b) of the Act must be filed in the approved form.\nr 167 amd 2017 SL No. 26 s 67\n(sec.167-ssec.1) Written notice given to the commission under section 169 (2) (b) of the Act must be filed in the approved form.\n(sec.167-ssec.2) Written notice given to the commission under section 170 (2) (b) of the Act must be filed in the approved form.","sortOrder":261},{"sectionNumber":"sec.168","sectionType":"section","heading":"Request to help parties reach agreement","content":"### sec.168 Request to help parties reach agreement\n\nFor section 175 (1) (b) of the Act , a request for the commission to help the negotiating parties reach agreement must be made in the approved form.\nr 168 sub 2017 SL No. 26 s 68","sortOrder":262},{"sectionNumber":"sec.169","sectionType":"section","heading":"Consent application for arbitration","content":"### sec.169 Consent application for arbitration\n\nAn application for arbitration of a matter under section 178 (1) of the Act must—\nbe in the approved form; and\ncontain a form of consent to arbitration signed by all of the negotiating parties.\nr 169 sub 2017 SL No. 26 s 69\namd 2021 SL No. 10 s 55\n- (a) be in the approved form; and\n- (b) contain a form of consent to arbitration signed by all of the negotiating parties.","sortOrder":263},{"sectionNumber":"sec.170","sectionType":"section","heading":null,"content":"### Section sec.170\n\nr 170 om 2017 SL No. 26 s 70","sortOrder":264},{"sectionNumber":"sec.171","sectionType":"section","heading":"Application for certificate as to requested representation","content":"### sec.171 Application for certificate as to requested representation\n\nAn application under section 242 (1) or (2) of the Act in relation to a proposed bargaining instrument must—\nbe made before—\nfor a proposed agreement—the agreement is made; or\nfor a proposed bargaining award—an application is made under section 190 of the Act for the making of the bargaining award; and\nbe in the approved form.\nAn affidavit contained in or accompanying an application made under section 242 (1) of the Act by an employee organisation in relation to a proposed bargaining instrument must—\nstate the following—\nthe name, address and membership number of each employee who has requested the organisation, under section 171 of the Act , to represent the employee in negotiating with the employer about the proposed instrument;\nthe date of the request;\nthe calling of each employee;\nthe name of the proposed bargaining instrument; and\nif the request to represent the employee is written—have attached a copy of the request.\nAn applicant under section 242 (1) of the Act must not serve an affidavit mentioned in subrule (2) on the employer.\nAn affidavit contained in or accompanying an application made under section 242 (2) of the Act by an employer in relation to a proposed bargaining instrument must state the following—\nthe name and address of each employee who has withdrawn a request for the employee organisation to represent the employee in negotiating with the employer about the proposed instrument;\nthe date of the withdrawal;\nthe name and address of each employee (a former relevant employee ) who—\nhas requested the organisation to represent the employee in negotiating with the employer about the proposed instrument; and\nstopped being a relevant employee after the request;\nhow the former relevant employee stopped being a relevant employee.\nThe former relevant employee has stopped being employed by the employer.\nThe former relevant employee has been promoted to a position in which his or her employment is not subject to the proposed instrument.\nr 171 amd 2017 SL No. 26 s 71\n(sec.171-ssec.1) An application under section 242 (1) or (2) of the Act in relation to a proposed bargaining instrument must— be made before— for a proposed agreement—the agreement is made; or for a proposed bargaining award—an application is made under section 190 of the Act for the making of the bargaining award; and be in the approved form.\n(sec.171-ssec.2) An affidavit contained in or accompanying an application made under section 242 (1) of the Act by an employee organisation in relation to a proposed bargaining instrument must— state the following— the name, address and membership number of each employee who has requested the organisation, under section 171 of the Act , to represent the employee in negotiating with the employer about the proposed instrument; the date of the request; the calling of each employee; the name of the proposed bargaining instrument; and if the request to represent the employee is written—have attached a copy of the request.\n(sec.171-ssec.3) An applicant under section 242 (1) of the Act must not serve an affidavit mentioned in subrule (2) on the employer.\n(sec.171-ssec.4) An affidavit contained in or accompanying an application made under section 242 (2) of the Act by an employer in relation to a proposed bargaining instrument must state the following— the name and address of each employee who has withdrawn a request for the employee organisation to represent the employee in negotiating with the employer about the proposed instrument; the date of the withdrawal; the name and address of each employee (a former relevant employee ) who— has requested the organisation to represent the employee in negotiating with the employer about the proposed instrument; and stopped being a relevant employee after the request; how the former relevant employee stopped being a relevant employee. The former relevant employee has stopped being employed by the employer. The former relevant employee has been promoted to a position in which his or her employment is not subject to the proposed instrument.\n- (a) be made before— (i) for a proposed agreement—the agreement is made; or (ii) for a proposed bargaining award—an application is made under section 190 of the Act for the making of the bargaining award; and\n- (i) for a proposed agreement—the agreement is made; or\n- (ii) for a proposed bargaining award—an application is made under section 190 of the Act for the making of the bargaining award; and\n- (b) be in the approved form.\n- (i) for a proposed agreement—the agreement is made; or\n- (ii) for a proposed bargaining award—an application is made under section 190 of the Act for the making of the bargaining award; and\n- (a) state the following— (i) the name, address and membership number of each employee who has requested the organisation, under section 171 of the Act , to represent the employee in negotiating with the employer about the proposed instrument; (ii) the date of the request; (iii) the calling of each employee; (iv) the name of the proposed bargaining instrument; and\n- (i) the name, address and membership number of each employee who has requested the organisation, under section 171 of the Act , to represent the employee in negotiating with the employer about the proposed instrument;\n- (ii) the date of the request;\n- (iii) the calling of each employee;\n- (iv) the name of the proposed bargaining instrument; and\n- (b) if the request to represent the employee is written—have attached a copy of the request.\n- (i) the name, address and membership number of each employee who has requested the organisation, under section 171 of the Act , to represent the employee in negotiating with the employer about the proposed instrument;\n- (ii) the date of the request;\n- (iii) the calling of each employee;\n- (iv) the name of the proposed bargaining instrument; and\n- (a) the name and address of each employee who has withdrawn a request for the employee organisation to represent the employee in negotiating with the employer about the proposed instrument;\n- (b) the date of the withdrawal;\n- (c) the name and address of each employee (a former relevant employee ) who— (i) has requested the organisation to represent the employee in negotiating with the employer about the proposed instrument; and (ii) stopped being a relevant employee after the request;\n- (i) has requested the organisation to represent the employee in negotiating with the employer about the proposed instrument; and\n- (ii) stopped being a relevant employee after the request;\n- (d) how the former relevant employee stopped being a relevant employee. Examples for paragraph (d) — 1 The former relevant employee has stopped being employed by the employer. 2 The former relevant employee has been promoted to a position in which his or her employment is not subject to the proposed instrument.\n- 1 The former relevant employee has stopped being employed by the employer.\n- 2 The former relevant employee has been promoted to a position in which his or her employment is not subject to the proposed instrument.\n- (i) has requested the organisation to represent the employee in negotiating with the employer about the proposed instrument; and\n- (ii) stopped being a relevant employee after the request;\n- 1 The former relevant employee has stopped being employed by the employer.\n- 2 The former relevant employee has been promoted to a position in which his or her employment is not subject to the proposed instrument.","sortOrder":265},{"sectionNumber":"sec.172","sectionType":"section","heading":"Application for certification of agreement","content":"### sec.172 Application for certification of agreement\n\nAn application under section 189 of the Act for certification of an agreement must—\nbe in the approved form; and\nbe signed by or for the applicant; and\nbe accompanied by the original agreement; and\nif there is or was a certified agreement covering some or all of the employees to be covered by the agreement, state—\nthe name and agreement number of the certified agreement; and\nwhether the agreement replaces the existing certified agreement.\nr 172 amd 2017 SL No. 26 s 72 ; 2021 SL No. 10 s 43\n- (a) be in the approved form; and\n- (b) be signed by or for the applicant; and\n- (c) be accompanied by the original agreement; and\n- (d) if there is or was a certified agreement covering some or all of the employees to be covered by the agreement, state— (i) the name and agreement number of the certified agreement; and (ii) whether the agreement replaces the existing certified agreement.\n- (i) the name and agreement number of the certified agreement; and\n- (ii) whether the agreement replaces the existing certified agreement.\n- (i) the name and agreement number of the certified agreement; and\n- (ii) whether the agreement replaces the existing certified agreement.","sortOrder":266},{"sectionNumber":"sec.172A","sectionType":"section","heading":"Application for making of bargaining award","content":"### sec.172A Application for making of bargaining award\n\nAn application under section 190 of the Act to make a bargaining award and terminate the relevant modern award must—\nbe in the approved form; and\nbe signed by or for the applicant; and\nbe accompanied by the original proposed bargaining award.\nr 172A ins 2017 SL No. 26 s 73\namd 2021 SL No. 10 s 44\n- (a) be in the approved form; and\n- (b) be signed by or for the applicant; and\n- (c) be accompanied by the original proposed bargaining award.","sortOrder":267},{"sectionNumber":"sec.173","sectionType":"section","heading":"Form of proposed bargaining instrument","content":"### sec.173 Form of proposed bargaining instrument\n\nA proposed bargaining instrument filed with an application under section 189 or 190 of the Act must—\nbe on A4 (210mm x 297mm) paper; and\nbe on 1 side of the page only; and\nbe in Times New Roman font; and\nbe in 10 point font size; and\nhave only fully justified text; and\nhave a 2cm margin on each side; and\nhave a 1.25cm wide header, containing only the page number, in the centre of the page; and\nnot contain a logo or other embellishment; and\nbe accompanied by an identical copy of the proposed instrument in electronic form in a format that allows the text of the instrument to be searched and copied.\nr 173 amd 2017 SL No. 26 s 74 ; 2021 SL No. 10 s 45\n- (a) be on A4 (210mm x 297mm) paper; and\n- (b) be on 1 side of the page only; and\n- (c) be in Times New Roman font; and\n- (d) be in 10 point font size; and\n- (e) have only fully justified text; and\n- (f) have a 2cm margin on each side; and\n- (g) have a 1.25cm wide header, containing only the page number, in the centre of the page; and\n- (h) not contain a logo or other embellishment; and\n- (i) be accompanied by an identical copy of the proposed instrument in electronic form in a format that allows the text of the instrument to be searched and copied.","sortOrder":268},{"sectionNumber":"sec.174","sectionType":"section","heading":"Application for decision about designated award","content":"### sec.174 Application for decision about designated award\n\nAn application under section 213 (2) of the Act in relation to a proposed certified agreement must—\nbe in the approved form; and\nnominate an award that—\nregulates employment conditions of employees engaged in a similar kind of work as the person under the proposed agreement; and\nthe applicant considers is appropriate for deciding whether the agreement passes the no-disadvantage test.\nr 174 amd 2017 SL No. 26 s 75\n- (a) be in the approved form; and\n- (b) nominate an award that— (i) regulates employment conditions of employees engaged in a similar kind of work as the person under the proposed agreement; and (ii) the applicant considers is appropriate for deciding whether the agreement passes the no-disadvantage test.\n- (i) regulates employment conditions of employees engaged in a similar kind of work as the person under the proposed agreement; and\n- (ii) the applicant considers is appropriate for deciding whether the agreement passes the no-disadvantage test.\n- (i) regulates employment conditions of employees engaged in a similar kind of work as the person under the proposed agreement; and\n- (ii) the applicant considers is appropriate for deciding whether the agreement passes the no-disadvantage test.","sortOrder":269},{"sectionNumber":"sec.175","sectionType":"section","heading":"Application to extend nominal expiry date of bargaining instrument","content":"### sec.175 Application to extend nominal expiry date of bargaining instrument\n\nAn application under section 223 of the Act to extend the nominal expiry date of a bargaining instrument must be in the approved form.\nThe application must be accompanied by an affidavit stating—\nthe steps taken to ensure the commission is satisfied as required under section 223 (4) of the Act ; and\nthe steps taken to ensure section 244 of the Act has not been contravened; and\nthat a valid majority of the relevant employees at the time approve the extension.\nThe applicant must file the original application and affidavit.\nr 175 amd 2017 SL No. 26 s 76 ; 2021 SL No. 10 s 46\n(sec.175-ssec.1) An application under section 223 of the Act to extend the nominal expiry date of a bargaining instrument must be in the approved form.\n(sec.175-ssec.2) The application must be accompanied by an affidavit stating— the steps taken to ensure the commission is satisfied as required under section 223 (4) of the Act ; and the steps taken to ensure section 244 of the Act has not been contravened; and that a valid majority of the relevant employees at the time approve the extension.\n(sec.175-ssec.3) The applicant must file the original application and affidavit.\n- (a) the steps taken to ensure the commission is satisfied as required under section 223 (4) of the Act ; and\n- (b) the steps taken to ensure section 244 of the Act has not been contravened; and\n- (c) that a valid majority of the relevant employees at the time approve the extension.","sortOrder":270},{"sectionNumber":"sec.176","sectionType":"section","heading":"Application to amend bargaining instrument","content":"### sec.176 Application to amend bargaining instrument\n\nAn application under section 225 of the Act to amend a bargaining instrument must be in the approved form.\nThe application must be accompanied by an affidavit stating—\nthe name of the relevant award or designated award; and\nthe nominal expiry date of the amended bargaining instrument; and\nthe steps taken to ensure—\nthe commission is satisfied as required under section 225 (2) (a) of the Act ; and\nsection 244 of the Act has not been contravened; and\ndetails of the procedures for preventing and settling disputes in the bargaining instrument; and\nthe names of the persons who negotiated the amendment and the persons for whom they acted.\nThe applicant must file the original application, amendment and affidavit.\nr 176 amd 2017 SL No. 26 s 77 ; 2021 SL No. 10 s 47\n(sec.176-ssec.1) An application under section 225 of the Act to amend a bargaining instrument must be in the approved form.\n(sec.176-ssec.2) The application must be accompanied by an affidavit stating— the name of the relevant award or designated award; and the nominal expiry date of the amended bargaining instrument; and the steps taken to ensure— the commission is satisfied as required under section 225 (2) (a) of the Act ; and section 244 of the Act has not been contravened; and details of the procedures for preventing and settling disputes in the bargaining instrument; and the names of the persons who negotiated the amendment and the persons for whom they acted.\n(sec.176-ssec.3) The applicant must file the original application, amendment and affidavit.\n- (a) the name of the relevant award or designated award; and\n- (b) the nominal expiry date of the amended bargaining instrument; and\n- (c) the steps taken to ensure— (i) the commission is satisfied as required under section 225 (2) (a) of the Act ; and (ii) section 244 of the Act has not been contravened; and\n- (i) the commission is satisfied as required under section 225 (2) (a) of the Act ; and\n- (ii) section 244 of the Act has not been contravened; and\n- (d) details of the procedures for preventing and settling disputes in the bargaining instrument; and\n- (e) the names of the persons who negotiated the amendment and the persons for whom they acted.\n- (i) the commission is satisfied as required under section 225 (2) (a) of the Act ; and\n- (ii) section 244 of the Act has not been contravened; and","sortOrder":271},{"sectionNumber":"sec.177","sectionType":"section","heading":"Application to terminate certified agreement or arbitration determination on or before nominal expiry date— Act , s 227","content":"### sec.177 Application to terminate certified agreement or arbitration determination on or before nominal expiry date— Act , s 227\n\nAn application under section 227 (1) of the Act to terminate a certified agreement or arbitration determination on or before its nominal expiry date must—\nbe in the approved form; and\nbe accompanied by an affidavit stating that a valid majority of the relevant employees at the time approve the termination.\nr 177 sub 2017 SL No. 26 s 78\n- (a) be in the approved form; and\n- (b) be accompanied by an affidavit stating that a valid majority of the relevant employees at the time approve the termination.","sortOrder":272},{"sectionNumber":"sec.178","sectionType":"section","heading":"Application to terminate certified agreement or arbitration determination after nominal expiry date— Act , s 228","content":"### sec.178 Application to terminate certified agreement or arbitration determination after nominal expiry date— Act , s 228\n\nAn application under section 228 (1) of the Act to terminate a certified agreement or arbitration determination after its nominal expiry date must—\nbe in the approved form; and\nbe accompanied by an affidavit stating that the applicant has given notice of the applicant’s intention to terminate the agreement or determination to all other persons to whom the agreement or determination applies.\nr 178 sub 2017 SL No. 26 s 78\n- (a) be in the approved form; and\n- (b) be accompanied by an affidavit stating that the applicant has given notice of the applicant’s intention to terminate the agreement or determination to all other persons to whom the agreement or determination applies.","sortOrder":273},{"sectionNumber":"sec.179","sectionType":"section","heading":"Application for approval to engage in industrial action— Act , s 235","content":"### sec.179 Application for approval to engage in industrial action— Act , s 235\n\nAn application for approval to engage in proposed industrial action under section 235 (1) of the Act must—\nbe in the approved form; and\nbe accompanied by an affidavit stating the steps taken by the applicant to ensure the registrar is satisfied as required under section 235 (1) (a) to (d) of the Act .\nr 179 sub 2017 SL No. 26 s 78\n- (a) be in the approved form; and\n- (b) be accompanied by an affidavit stating the steps taken by the applicant to ensure the registrar is satisfied as required under section 235 (1) (a) to (d) of the Act .","sortOrder":274},{"sectionNumber":"pt.11","sectionType":"part","heading":"Industrial disputes","content":"# Industrial disputes","sortOrder":275},{"sectionNumber":"sec.180","sectionType":"section","heading":"Notice of industrial dispute","content":"### sec.180 Notice of industrial dispute\n\nA notice under section 261 (2) of the Act must be in the approved form and state the following—\nthe issues involved;\nthe name, telephone number and email address or fax number (if any) of the contact person for each party to the dispute;\nthe industrial instruments affected;\nwhether the party giving the notice is requesting that the commission hold a conference;\nwhether any dispute settling procedures apply and have been followed.\nImmediately after giving the notice, the party giving the notice must serve a copy of the notice on all other parties to the dispute.\nRules 12 and 13 do not apply to the notice.\nr 180 amd 2017 SL No. 26 s 79\n(sec.180-ssec.1) A notice under section 261 (2) of the Act must be in the approved form and state the following— the issues involved; the name, telephone number and email address or fax number (if any) of the contact person for each party to the dispute; the industrial instruments affected; whether the party giving the notice is requesting that the commission hold a conference; whether any dispute settling procedures apply and have been followed.\n(sec.180-ssec.2) Immediately after giving the notice, the party giving the notice must serve a copy of the notice on all other parties to the dispute.\n(sec.180-ssec.3) Rules 12 and 13 do not apply to the notice.\n- (a) the issues involved;\n- (b) the name, telephone number and email address or fax number (if any) of the contact person for each party to the dispute;\n- (c) the industrial instruments affected;\n- (d) whether the party giving the notice is requesting that the commission hold a conference;\n- (e) whether any dispute settling procedures apply and have been followed.","sortOrder":276},{"sectionNumber":"sec.181","sectionType":"section","heading":"Mediation by commission","content":"### sec.181 Mediation by commission\n\nThe steps the commission may take as mediator in an industrial cause under section 263 of the Act include conferring with the parties to the cause to the extent necessary—\nto help the parties resolve the matter or dispute; or\nto ensure all avenues of resolution have been explored before proceeding to arbitration; or\nto facilitate the conduct of any necessary arbitration proceedings by exploring ways of effectively conducting hearings; or\nto help the parties resolve any other outstanding issues.\nThe commission may resolve other outstanding issues only if—\nthe commission considers the mediation is desirable in the public interest; and\nall parties to the industrial cause—\nconsent; and\nagree on the specific issues to be dealt with in the consultation process; and\nagree to accept any resolution achieved by the process, including consenting to any formal orders.\nThe commission may direct a record be taken of the mediation.\nThe consent of a party to the commission resolving other outstanding issues can not be withdrawn other than with the leave of the commission.\nThe outcome of the mediation—\nmay be incorporated in the record or issued separately in writing; and\nmay be given effect—\nby an order of the commission; or\nin another way the commission considers appropriate.\nThe commission may stop acting under this rule at any time.\nThis rule does not limit the jurisdiction of, or the obligations placed on, the commission under chapter 6 , part 3 of the Act .\nr 181 amd 2017 SL No. 26 s 80\n(sec.181-ssec.1) The steps the commission may take as mediator in an industrial cause under section 263 of the Act include conferring with the parties to the cause to the extent necessary— to help the parties resolve the matter or dispute; or to ensure all avenues of resolution have been explored before proceeding to arbitration; or to facilitate the conduct of any necessary arbitration proceedings by exploring ways of effectively conducting hearings; or to help the parties resolve any other outstanding issues.\n(sec.181-ssec.2) The commission may resolve other outstanding issues only if— the commission considers the mediation is desirable in the public interest; and all parties to the industrial cause— consent; and agree on the specific issues to be dealt with in the consultation process; and agree to accept any resolution achieved by the process, including consenting to any formal orders.\n(sec.181-ssec.3) The commission may direct a record be taken of the mediation.\n(sec.181-ssec.4) The consent of a party to the commission resolving other outstanding issues can not be withdrawn other than with the leave of the commission.\n(sec.181-ssec.5) The outcome of the mediation— may be incorporated in the record or issued separately in writing; and may be given effect— by an order of the commission; or in another way the commission considers appropriate.\n(sec.181-ssec.6) The commission may stop acting under this rule at any time.\n(sec.181-ssec.7) This rule does not limit the jurisdiction of, or the obligations placed on, the commission under chapter 6 , part 3 of the Act .\n- (a) to help the parties resolve the matter or dispute; or\n- (b) to ensure all avenues of resolution have been explored before proceeding to arbitration; or\n- (c) to facilitate the conduct of any necessary arbitration proceedings by exploring ways of effectively conducting hearings; or\n- (d) to help the parties resolve any other outstanding issues.\n- (a) the commission considers the mediation is desirable in the public interest; and\n- (b) all parties to the industrial cause— (i) consent; and (ii) agree on the specific issues to be dealt with in the consultation process; and (iii) agree to accept any resolution achieved by the process, including consenting to any formal orders.\n- (i) consent; and\n- (ii) agree on the specific issues to be dealt with in the consultation process; and\n- (iii) agree to accept any resolution achieved by the process, including consenting to any formal orders.\n- (i) consent; and\n- (ii) agree on the specific issues to be dealt with in the consultation process; and\n- (iii) agree to accept any resolution achieved by the process, including consenting to any formal orders.\n- (a) may be incorporated in the record or issued separately in writing; and\n- (b) may be given effect— (i) by an order of the commission; or (ii) in another way the commission considers appropriate.\n- (i) by an order of the commission; or\n- (ii) in another way the commission considers appropriate.\n- (i) by an order of the commission; or\n- (ii) in another way the commission considers appropriate.","sortOrder":277},{"sectionNumber":"sec.182","sectionType":"section","heading":"Notice to show cause","content":"### sec.182 Notice to show cause\n\nA show cause notice under section 265 (7) of the Act must be in the approved form.\nr 182 amd 2017 SL No. 26 s 81","sortOrder":278},{"sectionNumber":"sec.183","sectionType":"section","heading":null,"content":"### Section sec.183\n\nr 183 om 2017 SL No. 26 s 82","sortOrder":279},{"sectionNumber":"sec.185","sectionType":"section","heading":"Application for order for contravention of Act, s 268","content":"### sec.185 Application for order for contravention of Act, s 268\n\nAn application for an order under section 269 of the Act must be in the approved form.\nAn affidavit contained in or accompanying the application must state the facts it is alleged constitute a contravention of section 268 of the Act .\nr 185 amd 2017 SL No. 26 s 84 ; 2021 SL No. 10 s 55\n(sec.185-ssec.1) An application for an order under section 269 of the Act must be in the approved form.\n(sec.185-ssec.2) An affidavit contained in or accompanying the application must state the facts it is alleged constitute a contravention of section 268 of the Act . r 185 amd 2017 SL No. 26 s 84 ; 2021 SL No. 10 s 55","sortOrder":280},{"sectionNumber":"sec.185A","sectionType":"section","heading":"Striking out industrial dispute","content":"### sec.185A Striking out industrial dispute\n\nThis rule applies if—\nthe registrar has been notified of an industrial dispute under section 261 of the Act ; and\nno action has been taken by the applicant in relation to the industrial dispute for at least 6 months since the last action was taken by the applicant in the industrial dispute.\nThe registrar may strike out the industrial dispute.\nr 185A ins 2021 SL No. 10 s 48\n(sec.185A-ssec.1) This rule applies if— the registrar has been notified of an industrial dispute under section 261 of the Act ; and no action has been taken by the applicant in relation to the industrial dispute for at least 6 months since the last action was taken by the applicant in the industrial dispute.\n(sec.185A-ssec.2) The registrar may strike out the industrial dispute.\n- (a) the registrar has been notified of an industrial dispute under section 261 of the Act ; and\n- (b) no action has been taken by the applicant in relation to the industrial dispute for at least 6 months since the last action was taken by the applicant in the industrial dispute.","sortOrder":281},{"sectionNumber":"pt.12","sectionType":"part","heading":"Records and wages","content":"# Records and wages","sortOrder":282},{"sectionNumber":"sec.186","sectionType":"section","heading":"Application for issue of an authority","content":"### sec.186 Application for issue of an authority\n\nAn application for an authority under section 337 of the Act must be in the approved form.\nOnly 1 copy of the application need be filed.\nA separate application must be filed for each person to be authorised.\nr 186 amd 2017 SL No. 26 s 85\n(sec.186-ssec.1) An application for an authority under section 337 of the Act must be in the approved form.\n(sec.186-ssec.2) Only 1 copy of the application need be filed.\n(sec.186-ssec.3) A separate application must be filed for each person to be authorised.","sortOrder":283},{"sectionNumber":"sec.187","sectionType":"section","heading":"Application to revoke or suspend authorised officer’s authority","content":"### sec.187 Application to revoke or suspend authorised officer’s authority\n\nAn application for an authorised officer’s authority to be revoked or suspended under section 338 (1) of the Act must be in the approved form and state—\nthe condition of the officer’s authorisation that was allegedly breached; or\nthe facts of how the officer allegedly entered an employer’s workplace other than under section 348 of the Act ; or\nthe facts it is alleged constitute a contravention of section 348 (2) of the Act ; or\nthe facts of how the officer allegedly exercised the officer’s power to enter in an unreasonable or vexatious way; or\nthe facts of how the officer allegedly made unreasonable, vexatious or inappropriate use of information obtained from inspection of a record made available because of the officer's power as an authorised officer.\nr 187 amd 2017 SL No. 26 s 86 ; 2021 SL No. 10 s 55\n- (a) the condition of the officer’s authorisation that was allegedly breached; or\n- (b) the facts of how the officer allegedly entered an employer’s workplace other than under section 348 of the Act ; or\n- (c) the facts it is alleged constitute a contravention of section 348 (2) of the Act ; or\n- (d) the facts of how the officer allegedly exercised the officer’s power to enter in an unreasonable or vexatious way; or\n- (e) the facts of how the officer allegedly made unreasonable, vexatious or inappropriate use of information obtained from inspection of a record made available because of the officer's power as an authorised officer.","sortOrder":284},{"sectionNumber":"pt.13","sectionType":"part","heading":"Fees charged by private employment agents","content":"# Fees charged by private employment agents","sortOrder":285},{"sectionNumber":"sec.188","sectionType":"section","heading":"Application for order for repayment of fee","content":"### sec.188 Application for order for repayment of fee\n\nAn application under section 403 (1) of the Act for an order for the repayment of a fee received by a private employment agent must—\nbe in the approved form; and\nstate the facts it is alleged constitute a contravention of section 400 (1) or (2) of the Act .\nr 188 amd 2017 SL No. 26 s 87\n- (a) be in the approved form; and\n- (b) state the facts it is alleged constitute a contravention of section 400 (1) or (2) of the Act .","sortOrder":286},{"sectionNumber":"pt.14","sectionType":"part","heading":"Industrial organisations","content":"# Industrial organisations","sortOrder":287},{"sectionNumber":"pt.14-div.1","sectionType":"division","heading":"Registration","content":"## Registration","sortOrder":288},{"sectionNumber":"sec.189","sectionType":"section","heading":"Application for registration","content":"### sec.189 Application for registration\n\nEach of the following must be in the approved form—\nan application by an association for registration as an employee organisation or employer organisation under section 602 (1) of the Act ;\nan application by a corporation for registration as an employer organisation under section 602 (2) of the Act .\nr 189 amd 2017 SL No. 26 s 88 ; 2021 SL No. 10 s 56\n- (a) an application by an association for registration as an employee organisation or employer organisation under section 602 (1) of the Act ;\n- (b) an application by a corporation for registration as an employer organisation under section 602 (2) of the Act .","sortOrder":289},{"sectionNumber":"sec.190","sectionType":"section","heading":"Application to change callings","content":"### sec.190 Application to change callings\n\nAn application to change the list of callings of an organisation under section 615 of the Act must—\nbe in the approved form; and\nstate that the existing rules of the organisation have been complied with in making the application and the change; and\nshow how the change was proposed and approved in accordance with the organisation’s rules; and\ndescribe the nature and effect of the change; and\nbe under the organisation’s seal or be signed by 2 of the organisation’s officers authorised to sign the application; and\nhave attached a copy of a resolution passed in accordance with the organisation’s rules agreeing to the change.\nSee also the regulation, sections 16 and 17 .\nr 190 amd 2017 SL No. 26 s 89 ; 2018 SL No. 19 s 155 sch 7 ; 2021 SL No. 10 s 56\n- (a) be in the approved form; and\n- (b) state that the existing rules of the organisation have been complied with in making the application and the change; and\n- (c) show how the change was proposed and approved in accordance with the organisation’s rules; and\n- (d) describe the nature and effect of the change; and\n- (e) be under the organisation’s seal or be signed by 2 of the organisation’s officers authorised to sign the application; and\n- (f) have attached a copy of a resolution passed in accordance with the organisation’s rules agreeing to the change.","sortOrder":290},{"sectionNumber":"sec.191","sectionType":"section","heading":"Notice of objection","content":"### sec.191 Notice of objection\n\nA notice of objection under section 606 (1) (b) of the Act or section 24 (5) of the regulation must be in the approved form.\nSee also division 4 and the regulation, section 25 .\nr 191 amd 2017 SL No. 26 s 90 ; 2018 SL No. 19 s 155 sch 7","sortOrder":291},{"sectionNumber":"sec.192","sectionType":"section","heading":"Answering objections","content":"### sec.192 Answering objections\n\nA written response under section 26 of the regulation by an applicant to an objection must be in the approved form.\nr 192 amd 2018 SL No. 19 s 155 sch 7","sortOrder":292},{"sectionNumber":"pt.14-div.2","sectionType":"division","heading":"Election rules","content":"## Election rules","sortOrder":293},{"sectionNumber":"sec.193","sectionType":"section","heading":"Application for approval for ballot not to be a postal ballot","content":"### sec.193 Application for approval for ballot not to be a postal ballot\n\nAn application to the registrar under section 635 (1) of the Act by an organisation for approval for ballots to decide elections for its elected officers not to be postal ballots must be in the approved form.\nThe application must also—\ninclude particulars of the proposed amendments to the organisation’s rules that provide for secret ballots that are not postal ballots; and\nstate that the proposed amendments of the rules are not contrary to the Act or to law; and\nshow how the amendments were proposed and approved in accordance with the organisation’s rules; and\ngive details of how it is believed taking a ballot under the proposed rules will be likely to result in a higher participation by the members in the ballot than would result from a postal ballot; and\ngive details of how it is believed taking a ballot under the proposed rules will give members eligible to vote an adequate opportunity to vote without intimidation; and\nhave attached a copy of a resolution passed in accordance with the organisation’s rules agreeing to the amendments.\nSee also the regulation, section 16 .\nr 193 amd 2017 SL No. 26 s 91 ; 2018 SL No. 19 s 155 sch 7 ; 2021 SL No. 10 s 56\n(sec.193-ssec.1) An application to the registrar under section 635 (1) of the Act by an organisation for approval for ballots to decide elections for its elected officers not to be postal ballots must be in the approved form.\n(sec.193-ssec.2) The application must also— include particulars of the proposed amendments to the organisation’s rules that provide for secret ballots that are not postal ballots; and state that the proposed amendments of the rules are not contrary to the Act or to law; and show how the amendments were proposed and approved in accordance with the organisation’s rules; and give details of how it is believed taking a ballot under the proposed rules will be likely to result in a higher participation by the members in the ballot than would result from a postal ballot; and give details of how it is believed taking a ballot under the proposed rules will give members eligible to vote an adequate opportunity to vote without intimidation; and have attached a copy of a resolution passed in accordance with the organisation’s rules agreeing to the amendments. See also the regulation, section 16 .\n- (a) include particulars of the proposed amendments to the organisation’s rules that provide for secret ballots that are not postal ballots; and\n- (b) state that the proposed amendments of the rules are not contrary to the Act or to law; and\n- (c) show how the amendments were proposed and approved in accordance with the organisation’s rules; and\n- (d) give details of how it is believed taking a ballot under the proposed rules will be likely to result in a higher participation by the members in the ballot than would result from a postal ballot; and\n- (e) give details of how it is believed taking a ballot under the proposed rules will give members eligible to vote an adequate opportunity to vote without intimidation; and\n- (f) have attached a copy of a resolution passed in accordance with the organisation’s rules agreeing to the amendments.","sortOrder":294},{"sectionNumber":"sec.194","sectionType":"section","heading":"Application for cancellation of approval for ballot not to be a postal ballot","content":"### sec.194 Application for cancellation of approval for ballot not to be a postal ballot\n\nAn application under section 638 (a) of the Act by an organisation to cancel an approval for ballots to decide elections for its elected officers not to be postal ballots must be in the approved form.\nr 194 amd 2017 SL No. 26 s 92 ; 2021 SL No. 10 s 56","sortOrder":295},{"sectionNumber":"pt.14-div.3","sectionType":"division","heading":"Validity of, and compliance with, rules","content":"## Validity of, and compliance with, rules","sortOrder":296},{"sectionNumber":"sec.195","sectionType":"section","heading":"Application about organisation’s rules under Act, s 646","content":"### sec.195 Application about organisation’s rules under Act, s 646\n\nAn application under section 646 (1) of the Act must be in the approved form.\nr 195 amd 2017 SL No. 26 s 93 ; 2021 SL No. 10 s 56","sortOrder":297},{"sectionNumber":"pt.14-div.4","sectionType":"division","heading":"Amendment of rules","content":"## Amendment of rules","sortOrder":298},{"sectionNumber":"sec.196","sectionType":"section","heading":"Application for approval to amend name under Act, s 660","content":"### sec.196 Application for approval to amend name under Act, s 660\n\nAn application for an order under section 660 of the Act must be in the approved form.\nr 196 amd 2017 SL No. 26 s 94 ; 2021 SL No. 10 s 56","sortOrder":299},{"sectionNumber":"sec.197","sectionType":"section","heading":"Application for approval to amend name under Act, s 661","content":"### sec.197 Application for approval to amend name under Act, s 661\n\nAn application for an order under section 661 of the Act approving an amendment of an organisation’s name must—\nbe in the approved form; and\nshow how the amendment was proposed and approved in accordance with the organisation’s rules; and\ndescribe the nature and effect of the amendment; and\nstate that the amended name is not the same as another organisation’s name or so similar to another organisation’s name as to be likely to cause confusion; and\nbe under the organisation’s seal or be signed by 2 of the organisation’s officers authorised to sign the application; and\nattach a copy of a resolution passed in accordance with the organisation’s rules agreeing to the amendment.\nSee also the regulation, sections 16 and 17 .\nr 197 amd 2017 SL No. 26 s 95 ; 2018 SL No. 19 s 155 sch 7 ; 2021 SL No. 10 s 56\n- (a) be in the approved form; and\n- (b) show how the amendment was proposed and approved in accordance with the organisation’s rules; and\n- (c) describe the nature and effect of the amendment; and\n- (d) state that the amended name is not the same as another organisation’s name or so similar to another organisation’s name as to be likely to cause confusion; and\n- (e) be under the organisation’s seal or be signed by 2 of the organisation’s officers authorised to sign the application; and\n- (f) attach a copy of a resolution passed in accordance with the organisation’s rules agreeing to the amendment.","sortOrder":300},{"sectionNumber":"sec.198","sectionType":"section","heading":"Application to approve eligibility rule amendment","content":"### sec.198 Application to approve eligibility rule amendment\n\nAn application for an order under section 662 of the Act approving an amendment to an eligibility rule must—\nbe in the approved form; and\nshow how the amendment was proposed and approved in accordance with the organisation’s rules; and\ndescribe the nature and effect of the amendment; and\nattach a copy of a resolution passed in accordance with the organisation’s rules agreeing to the amendment; and\nbe under the organisation’s seal or be signed by 2 of the organisation’s officers authorised to sign the application.\nSee also the regulation, sections 16 and 17 .\nThe application must have attached a schedule divided into 3 columns containing—\nin column 1—the present eligibility rule; and\nin column 2—an exact description of the amendment sought detailing the words or paragraphs to be deleted or inserted and including any consequential amendments, for example, renumbering; and\nin column 3—the proposed new eligibility rule, incorporating the amendment detailed in column 2.\nr 198 amd 2017 SL No. 26 s 96 ; 2018 SL No. 19 s 155 sch 7 ; 2021 SL No. 10 s 56\n(sec.198-ssec.1) An application for an order under section 662 of the Act approving an amendment to an eligibility rule must— be in the approved form; and show how the amendment was proposed and approved in accordance with the organisation’s rules; and describe the nature and effect of the amendment; and attach a copy of a resolution passed in accordance with the organisation’s rules agreeing to the amendment; and be under the organisation’s seal or be signed by 2 of the organisation’s officers authorised to sign the application. See also the regulation, sections 16 and 17 .\n(sec.198-ssec.2) The application must have attached a schedule divided into 3 columns containing— in column 1—the present eligibility rule; and in column 2—an exact description of the amendment sought detailing the words or paragraphs to be deleted or inserted and including any consequential amendments, for example, renumbering; and in column 3—the proposed new eligibility rule, incorporating the amendment detailed in column 2.\n- (a) be in the approved form; and\n- (b) show how the amendment was proposed and approved in accordance with the organisation’s rules; and\n- (c) describe the nature and effect of the amendment; and\n- (d) attach a copy of a resolution passed in accordance with the organisation’s rules agreeing to the amendment; and\n- (e) be under the organisation’s seal or be signed by 2 of the organisation’s officers authorised to sign the application.\n- (a) in column 1—the present eligibility rule; and\n- (b) in column 2—an exact description of the amendment sought detailing the words or paragraphs to be deleted or inserted and including any consequential amendments, for example, renumbering; and\n- (c) in column 3—the proposed new eligibility rule, incorporating the amendment detailed in column 2.","sortOrder":301},{"sectionNumber":"sec.199","sectionType":"section","heading":"Application for approval of other amendment to rules— Act , s 666","content":"### sec.199 Application for approval of other amendment to rules— Act , s 666\n\nAn application for the registrar’s approval under section 666 of the Act of a proposed amendment to an organisation’s rules must—\nbe in the approved form; and\nstate how the amendment was proposed and approved in accordance with the organisation’s rules; and\nstate that the amendment does not contravene the Act , another law or an industrial instrument; and\nhave attached a schedule divided into 3 columns containing—\nin column 1—the present rule; and\nin column 2—an exact description of the amendment sought detailing the words or paragraphs to be deleted or inserted and including any consequential amendments, for example, renumbering; and\nin column 3—the proposed new rule, incorporating the amendment detailed in column 2; and\nattach a copy of a resolution passed in accordance with the organisation’s rules agreeing to the amendment; and\nbe under the organisation’s seal or be signed by 2 of the organisation’s officers authorised to sign the application.\nr 199 amd 2017 SL No. 26 s 97 ; 2021 SL No. 10 s 56\n- (a) be in the approved form; and\n- (b) state how the amendment was proposed and approved in accordance with the organisation’s rules; and\n- (c) state that the amendment does not contravene the Act , another law or an industrial instrument; and\n- (d) have attached a schedule divided into 3 columns containing— (i) in column 1—the present rule; and (ii) in column 2—an exact description of the amendment sought detailing the words or paragraphs to be deleted or inserted and including any consequential amendments, for example, renumbering; and (iii) in column 3—the proposed new rule, incorporating the amendment detailed in column 2; and\n- (i) in column 1—the present rule; and\n- (ii) in column 2—an exact description of the amendment sought detailing the words or paragraphs to be deleted or inserted and including any consequential amendments, for example, renumbering; and\n- (iii) in column 3—the proposed new rule, incorporating the amendment detailed in column 2; and\n- (e) attach a copy of a resolution passed in accordance with the organisation’s rules agreeing to the amendment; and\n- (f) be under the organisation’s seal or be signed by 2 of the organisation’s officers authorised to sign the application.\n- (i) in column 1—the present rule; and\n- (ii) in column 2—an exact description of the amendment sought detailing the words or paragraphs to be deleted or inserted and including any consequential amendments, for example, renumbering; and\n- (iii) in column 3—the proposed new rule, incorporating the amendment detailed in column 2; and","sortOrder":302},{"sectionNumber":"pt.14-div.5","sectionType":"division","heading":"Conduct of elections","content":"## Conduct of elections","sortOrder":303},{"sectionNumber":"sec.200","sectionType":"section","heading":"Filing prescribed election information","content":"### sec.200 Filing prescribed election information\n\nThe information for the conduct of an election required to be filed in the registry under section 669 of the Act must be in the approved form.\nSee also the regulation, section 33 .\nr 200 amd 2017 SL No. 26 s 98 ; 2018 SL No. 19 s 155 sch 7","sortOrder":304},{"sectionNumber":"pt.14-div.6","sectionType":"division","heading":"Election inquiries","content":"## Election inquiries","sortOrder":305},{"sectionNumber":"sec.201","sectionType":"section","heading":"Application for election inquiry","content":"### sec.201 Application for election inquiry\n\nAn application for an election inquiry under chapter 12 , part 8 of the Act must—\nbe in the approved form; and\nstate that the applicant is a financial member of the organisation or was a financial member of the organisation within 1 year before the application is made; and\nstate the date the prescribed information for the election was filed under section 669 (1) of the Act ; and\nif the election has ended—state the date the election ended.\nr 201 amd 2017 SL No. 26 s 99\n- (a) be in the approved form; and\n- (b) state that the applicant is a financial member of the organisation or was a financial member of the organisation within 1 year before the application is made; and\n- (c) state the date the prescribed information for the election was filed under section 669 (1) of the Act ; and\n- (d) if the election has ended—state the date the election ended.","sortOrder":306},{"sectionNumber":"pt.14-div.7","sectionType":"division","heading":"Registers","content":"## Registers","sortOrder":307},{"sectionNumber":"sec.202","sectionType":"section","heading":"Officers register","content":"### sec.202 Officers register\n\nThe copy of an organisation's officers register required to be filed under section 735 of the Act before 31 March in each year must—\nbe in the approved form; and\ncontain details of all officers of the organisation and its branches.\nFor the meaning of officer of an organisation, or branch of an organisation, see section 595 of the Act .\nr 202 amd 2017 SL No. 26 s 100\n- (a) be in the approved form; and\n- (b) contain details of all officers of the organisation and its branches. Note— For the meaning of officer of an organisation, or branch of an organisation, see section 595 of the Act .","sortOrder":308},{"sectionNumber":"pt.14-div.8","sectionType":"division","heading":"Exemptions","content":"## Exemptions","sortOrder":309},{"sectionNumber":"sec.203","sectionType":"section","heading":"Application for exemption if federal ballot held","content":"### sec.203 Application for exemption if federal ballot held\n\nAn application under section 802 of the Act for an exemption from holding an election for a stated office or offices must—\nbe in the approved form; and\nbe accompanied by a copy of any report or certificate required under the Commonwealth Registered Organisations Act for the election held by the applicant’s counterpart federal body, certified by the president or secretary of the body as being a true copy.\nSee also the regulation, section 19 .\nr 203 amd 2017 SL No. 26 s 101 ; 2018 SL No. 19 s 155 sch 7 ; 2021 SL No. 10 s 56\n- (a) be in the approved form; and\n- (b) be accompanied by a copy of any report or certificate required under the Commonwealth Registered Organisations Act for the election held by the applicant’s counterpart federal body, certified by the president or secretary of the body as being a true copy.","sortOrder":310},{"sectionNumber":"sec.204","sectionType":"section","heading":"Application for exemption from keeping members register or officers register","content":"### sec.204 Application for exemption from keeping members register or officers register\n\nAn application under section 804 of the Act for an exemption from keeping a members register or officers register must be in the approved form.\nr 204 amd 2017 SL No. 26 s 102 ; 2021 SL No. 10 s 56","sortOrder":311},{"sectionNumber":"sec.205","sectionType":"section","heading":"Application for exemption from accounting or audit obligations— Act , s 808","content":"### sec.205 Application for exemption from accounting or audit obligations— Act , s 808\n\nAn application for an exemption under section 808 (1) of the Act from the whole or part of chapter 12 , part 11 , division 6 , subdivisions 3 and 4 of the Act must—\nbe in the approved form; and\nbe accompanied by a copy of the most recent audit report or relevant accounts for the applicant’s counterpart federal body lodged under the Commonwealth Registered Organisations Act , section 268 , certified by the president or secretary of the counterpart federal body as being a true copy; and\nbe accompanied by a copy of a letter from the registry of the Australian commission to the applicant’s counterpart federal body acknowledging the lodging of the documents with the Australian commission.\nr 205 prev r 205 om 2014 SL No. 143 s 19\npres r 205 ins 2017 SL No. 26 s 103\namd 2021 SL No. 10 s 56\n- (a) be in the approved form; and\n- (b) be accompanied by a copy of the most recent audit report or relevant accounts for the applicant’s counterpart federal body lodged under the Commonwealth Registered Organisations Act , section 268 , certified by the president or secretary of the counterpart federal body as being a true copy; and\n- (c) be accompanied by a copy of a letter from the registry of the Australian commission to the applicant’s counterpart federal body acknowledging the lodging of the documents with the Australian commission.","sortOrder":312},{"sectionNumber":"sec.206","sectionType":"section","heading":"Application for exemption from accounting or audit obligations for an employer organisation that is a corporation— Act , s 820","content":"### sec.206 Application for exemption from accounting or audit obligations for an employer organisation that is a corporation— Act , s 820\n\nAn application under section 820 of the Act for an exemption from the whole or part of chapter 12 , part 11 , division 6 , subdivisions 3 and 4 of the Act must—\nbe in the approved form; and\nbe accompanied by a copy of the most recent financial report, director’s report and auditor’s report lodged by the applicant under the Corporations Act or another law that imposes accounting and audit obligations on the organisation.\nEach copy must be certified by the applicant’s president or secretary as a true copy of the most recent financial report, director’s report or auditor’s report lodged by the applicant under the Corporations Act or another stated law.\nr 206 amd 2014 SL No. 143 s 20 ; 2017 SL No. 26 s 104 ; 2021 SL No. 10 s 56\n(sec.206-ssec.1) An application under section 820 of the Act for an exemption from the whole or part of chapter 12 , part 11 , division 6 , subdivisions 3 and 4 of the Act must— be in the approved form; and be accompanied by a copy of the most recent financial report, director’s report and auditor’s report lodged by the applicant under the Corporations Act or another law that imposes accounting and audit obligations on the organisation.\n(sec.206-ssec.2) Each copy must be certified by the applicant’s president or secretary as a true copy of the most recent financial report, director’s report or auditor’s report lodged by the applicant under the Corporations Act or another stated law.\n- (a) be in the approved form; and\n- (b) be accompanied by a copy of the most recent financial report, director’s report and auditor’s report lodged by the applicant under the Corporations Act or another law that imposes accounting and audit obligations on the organisation.","sortOrder":313},{"sectionNumber":"sec.207","sectionType":"section","heading":"Application for exemption from requirement that electoral commission conduct election","content":"### sec.207 Application for exemption from requirement that electoral commission conduct election\n\nAn application under section 812 of the Act for an exemption from the requirement that the electoral commission conduct particular elections must be in the approved form.\nr 207 amd 2017 SL No. 26 s 105 ; 2021 SL No. 10 s 56","sortOrder":314},{"sectionNumber":"pt.14-div.9","sectionType":"division","heading":"Amalgamations and withdrawals","content":"## Amalgamations and withdrawals","sortOrder":315},{"sectionNumber":"sec.208","sectionType":"section","heading":"Application to submit proposed amalgamation to a ballot","content":"### sec.208 Application to submit proposed amalgamation to a ballot\n\nAn application under section 61 of the regulation for an amalgamation ballot must be in the approved form.\nSee also section 841 of the Act .\nr 208 amd 2017 SL No. 26 s 106 ; 2018 SL No. 19 s 155 sch 7 ; 2021 SL No. 10 s 56","sortOrder":316},{"sectionNumber":"sec.209","sectionType":"section","heading":"Application to submit proposed withdrawal to a ballot","content":"### sec.209 Application to submit proposed withdrawal to a ballot\n\nAn application under section 62 of the regulation for a withdrawal ballot must be in the approved form.\nr 209 amd 2018 SL No. 19 s 155 sch 7 ; 2021 SL No. 10 s 56","sortOrder":317},{"sectionNumber":"sec.210","sectionType":"section","heading":"Application for amalgamation ballot exemption—number of members","content":"### sec.210 Application for amalgamation ballot exemption—number of members\n\nAn application under section 63 of the regulation by a proposed amalgamated organisation for an exemption from the requirement to hold a ballot for the amalgamation must be in the approved form.\nr 210 amd 2018 SL No. 19 s 155 sch 7 ; 2021 SL No. 10 s 56","sortOrder":318},{"sectionNumber":"sec.211","sectionType":"section","heading":"Application for amalgamation ballot exemption—recognising federal ballot","content":"### sec.211 Application for amalgamation ballot exemption—recognising federal ballot\n\nAn application under section 64 of the regulation for an exemption from the requirement to hold an amalgamation ballot if the counterpart federal bodies of the organisations proposing to amalgamate have amalgamated must be in the approved form.\nr 211 amd 2018 SL No. 19 s 155 sch 7 ; 2021 SL No. 10 s 56","sortOrder":319},{"sectionNumber":"sec.212","sectionType":"section","heading":"Application for an exemption from holding a withdrawal ballot—recognising federal ballot","content":"### sec.212 Application for an exemption from holding a withdrawal ballot—recognising federal ballot\n\nAn application under section 65 of the regulation for an exemption from holding a withdrawal ballot must be in the approved form.\nr 212 amd 2018 SL No. 19 s 155 sch 7 ; 2021 SL No. 10 s 56","sortOrder":320},{"sectionNumber":"sec.213","sectionType":"section","heading":"Application for approval for alternative ballot that is not a postal ballot","content":"### sec.213 Application for approval for alternative ballot that is not a postal ballot\n\nAn application under section 66 (1) of the regulation for approval for an amalgamation ballot that is not a postal ballot must be in the approved form.\nAn application under section 66 (2) of the regulation for approval for a withdrawal ballot that is not a postal ballot must be in the approved form.\nr 213 amd 2018 SL No. 19 s 155 sch 7\n(sec.213-ssec.1) An application under section 66 (1) of the regulation for approval for an amalgamation ballot that is not a postal ballot must be in the approved form.\n(sec.213-ssec.2) An application under section 66 (2) of the regulation for approval for a withdrawal ballot that is not a postal ballot must be in the approved form.","sortOrder":321},{"sectionNumber":"sec.214","sectionType":"section","heading":"Notice of withdrawal","content":"### sec.214 Notice of withdrawal\n\nA notice of withdrawal under section 67 of the regulation must be in the approved form.\nr 214 amd 2018 SL No. 19 s 155 sch 7","sortOrder":322},{"sectionNumber":"sec.215","sectionType":"section","heading":"Notice of objection for amalgamations and ballot exemptions","content":"### sec.215 Notice of objection for amalgamations and ballot exemptions\n\nA notice of objection under section 73 , 74 or 75 of the regulation must be in the approved form.\nSee also the regulation, section 76 .\nr 215 amd 2018 SL No. 19 s 155 sch 7","sortOrder":323},{"sectionNumber":"sec.216","sectionType":"section","heading":"Answering objections","content":"### sec.216 Answering objections\n\nA statement under section 77 of the regulation in answer to a notice of objection served under section 76 (5) of the regulation must be in the approved form.\nr 216 amd 2018 SL No. 19 s 155 sch 7","sortOrder":324},{"sectionNumber":"sec.217","sectionType":"section","heading":"Form of ballot paper","content":"### sec.217 Form of ballot paper\n\nA ballot paper for any of the following must be in the approved form—\na ballot for a proposed amalgamation;\na ballot for a proposed withdrawal.\n- (a) a ballot for a proposed amalgamation;\n- (b) a ballot for a proposed withdrawal.","sortOrder":325},{"sectionNumber":"sec.218","sectionType":"section","heading":"Application for a ballot inquiry","content":"### sec.218 Application for a ballot inquiry\n\nAn application for an inquiry about a claimed irregularity in an amalgamation or withdrawal ballot must be in the approved form.\nSee also the regulation, part 13 , division 14 , subdivision 1 .","sortOrder":326},{"sectionNumber":"pt.14-div.10","sectionType":"division","heading":"Deregistration","content":"## Deregistration","sortOrder":327},{"sectionNumber":"sec.219","sectionType":"section","heading":"Application for deregistration","content":"### sec.219 Application for deregistration\n\nAn application under section 879 (1) or (4) of the Act for a deregistration order must be in the approved form.\nr 219 amd 2017 SL No. 26 s 107 ; 2021 SL No. 10 s 56","sortOrder":328},{"sectionNumber":"pt.14-div.11","sectionType":"division","heading":"Statistical information","content":"## Statistical information","sortOrder":329},{"sectionNumber":"sec.220","sectionType":"section","heading":"Statistical information","content":"### sec.220 Statistical information\n\nThe court, commission or registrar may require an organisation to file returns of statistical information or other statistical information.\nThe requirement may be made in the way the court, commission or registrar considers appropriate.\nThe returns or other statistical information must be filed within 28 days of the requirement.\nr 220 amd 2017 SL No. 26 s 108 ; 2021 SL No. 10 s 49\n(sec.220-ssec.1) The court, commission or registrar may require an organisation to file returns of statistical information or other statistical information.\n(sec.220-ssec.2) The requirement may be made in the way the court, commission or registrar considers appropriate.\n(sec.220-ssec.3) The returns or other statistical information must be filed within 28 days of the requirement.","sortOrder":330},{"sectionNumber":"pt.15","sectionType":"part","heading":null,"content":"","sortOrder":331},{"sectionNumber":"sec.221","sectionType":"section","heading":null,"content":"### Section sec.221\n\nr 221 om 2017 SL No. 26 s 109","sortOrder":332},{"sectionNumber":"pt.16","sectionType":"part","heading":"General","content":"# General","sortOrder":333},{"sectionNumber":"sec.222","sectionType":"section","heading":"Student’s work permit","content":"### sec.222 Student’s work permit\n\nAn application for a permit under section 978 of the Act must be in the approved form.\nOnly 1 copy of the application need be filed.\nA student’s work permit must be in the approved form.\nr 222 amd 2017 SL No. 26 s 110\n(sec.222-ssec.1) An application for a permit under section 978 of the Act must be in the approved form.\n(sec.222-ssec.2) Only 1 copy of the application need be filed.\n(sec.222-ssec.3) A student’s work permit must be in the approved form.","sortOrder":334},{"sectionNumber":"sec.223","sectionType":"section","heading":"Aged or infirm person’s permit","content":"### sec.223 Aged or infirm person’s permit\n\nEach of the following must be in the approved form—\nan application for a permit for an aged or infirm person under section 979 (1) of the Act ;\nnotice of the application and of the hearing of any objection to the issue of the permit under section 979 (4) of the Act ;\nthe permit.\nAn application to cancel a permit under section 979 (7) of the Act must be in the approved form.\nr 223 amd 2017 SL No. 26 s 111 ; 2021 SL No. 10 s 55\n(sec.223-ssec.1) Each of the following must be in the approved form— an application for a permit for an aged or infirm person under section 979 (1) of the Act ; notice of the application and of the hearing of any objection to the issue of the permit under section 979 (4) of the Act ; the permit.\n(sec.223-ssec.2) An application to cancel a permit under section 979 (7) of the Act must be in the approved form.\n- (a) an application for a permit for an aged or infirm person under section 979 (1) of the Act ;\n- (b) notice of the application and of the hearing of any objection to the issue of the permit under section 979 (4) of the Act ;\n- (c) the permit.","sortOrder":335},{"sectionNumber":"pt.17","sectionType":"part","heading":"Fees","content":"# Fees","sortOrder":336},{"sectionNumber":"sec.224","sectionType":"section","heading":"Fees relating to proceedings in court or commission or before registrar","content":"### sec.224 Fees relating to proceedings in court or commission or before registrar\n\nThe fees payable under the Act are stated in schedule 1 .\nr 224 sub 2022 SL No. 71 s 15","sortOrder":337},{"sectionNumber":"sec.225","sectionType":"section","heading":"Fees in Industrial Magistrates Court","content":"### sec.225 Fees in Industrial Magistrates Court\n\nThe fee for a complaint, claim mentioned in rule 101 (b) or (g) , summons or other process under the Justices Act 1886 in an Industrial Magistrates Court is the fee, if any, that is payable for a similar process under the Justices Act 1886 .\nr 225 amd 2021 SL No. 10 s 50","sortOrder":338},{"sectionNumber":"pt.18","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":339},{"sectionNumber":"sec.226","sectionType":"section","heading":"Effect of failure to comply with rules","content":"### sec.226 Effect of failure to comply with rules\n\nA failure to comply with these rules is an irregularity and does not of itself render a proceeding, document, step taken or order made in a proceeding, a nullity.\nIf there has been a failure to comply with these rules, the court, the commission, a magistrate or the registrar may—\nset aside all or part of the proceeding; or\nset aside a step taken or order made in the proceeding; or\ndeclare a document or step taken to be ineffectual; or\ndeclare a document or step taken to be effectual; or\nmake another order that could be made under these rules; or\nmake another order dealing with the proceeding generally as the court, commission, magistrate or registrar considers appropriate.\n(sec.226-ssec.1) A failure to comply with these rules is an irregularity and does not of itself render a proceeding, document, step taken or order made in a proceeding, a nullity.\n(sec.226-ssec.2) If there has been a failure to comply with these rules, the court, the commission, a magistrate or the registrar may— set aside all or part of the proceeding; or set aside a step taken or order made in the proceeding; or declare a document or step taken to be ineffectual; or declare a document or step taken to be effectual; or make another order that could be made under these rules; or make another order dealing with the proceeding generally as the court, commission, magistrate or registrar considers appropriate.\n- (a) set aside all or part of the proceeding; or\n- (b) set aside a step taken or order made in the proceeding; or\n- (c) declare a document or step taken to be ineffectual; or\n- (d) declare a document or step taken to be effectual; or\n- (e) make another order that could be made under these rules; or\n- (f) make another order dealing with the proceeding generally as the court, commission, magistrate or registrar considers appropriate.","sortOrder":340},{"sectionNumber":"sec.227","sectionType":"section","heading":"Form of notices","content":"### sec.227 Form of notices\n\nA notice required or permitted under these rules may be given orally if the court, the commission, a magistrate or the registrar gives leave.","sortOrder":341},{"sectionNumber":"sec.228","sectionType":"section","heading":"Searching and copying documents","content":"### sec.228 Searching and copying documents\n\nA person may not search or inspect documents in a proceeding without the registrar’s prior approval.\nIf the person is not a party or representative of a party, the person must pay the prescribed fee for the search or inspection.\nIf the registrar approves, a person may obtain a certified copy of a filed document.\nThe certified copy must have the seal and the word ‘copy’ stamped on it.\nThe person must pay the prescribed fee for the certified copy.\nThe registrar may require at least 7 days notice to produce the certified copy.\nr 228 amd 2021 SL No. 10 s 51\n(sec.228-ssec.1) A person may not search or inspect documents in a proceeding without the registrar’s prior approval.\n(sec.228-ssec.2) If the person is not a party or representative of a party, the person must pay the prescribed fee for the search or inspection.\n(sec.228-ssec.3) If the registrar approves, a person may obtain a certified copy of a filed document.\n(sec.228-ssec.4) The certified copy must have the seal and the word ‘copy’ stamped on it.\n(sec.228-ssec.5) The person must pay the prescribed fee for the certified copy.\n(sec.228-ssec.6) The registrar may require at least 7 days notice to produce the certified copy.","sortOrder":342},{"sectionNumber":"sec.229","sectionType":"section","heading":"Continuation of proceeding after 6 months delay","content":"### sec.229 Continuation of proceeding after 6 months delay\n\nThis rule applies if—\nan application starting a proceeding has been filed; and\nno action has been taken by the applicant for 6 months since the last action was taken by the applicant in the application.\nUnless the court, commission or registrar decides otherwise, if a party wishes to take action after the end of the 6 months, the party must first give every other party 1 month’s notice of intention to take action.\nr 229 amd 2021 SL No. 10 s 52\n(sec.229-ssec.1) This rule applies if— an application starting a proceeding has been filed; and no action has been taken by the applicant for 6 months since the last action was taken by the applicant in the application.\n(sec.229-ssec.2) Unless the court, commission or registrar decides otherwise, if a party wishes to take action after the end of the 6 months, the party must first give every other party 1 month’s notice of intention to take action.\n- (a) an application starting a proceeding has been filed; and\n- (b) no action has been taken by the applicant for 6 months since the last action was taken by the applicant in the application.","sortOrder":343},{"sectionNumber":"sec.230","sectionType":"section","heading":"Lapse of proceeding after at least 1 year’s delay","content":"### sec.230 Lapse of proceeding after at least 1 year’s delay\n\nThis rule applies if—\nan application starting a proceeding has been filed; and\nno action has been taken by the applicant in relation to the application for at least 1 year since the last action was taken by the applicant in the application.\nA party may only take further action on the application with an order of the court, commission or registrar.\nAn application for an order under subrule (2) must be in the approved form and state the following—\nthe steps taken in the proceeding;\nan explanation for the circumstances of the delay;\nthe steps (including a timetable) proposed to be taken to progress the proceeding;\nany prejudice suffered or likely to be suffered by another party to the proceeding if the application starting the proceeding is not struck out;\nthe merits of the proceeding;\nwhy the court, commission or registrar should make the order despite the delay.\nr 230 amd 2021 SL No. 10 s 53\n(sec.230-ssec.1) This rule applies if— an application starting a proceeding has been filed; and no action has been taken by the applicant in relation to the application for at least 1 year since the last action was taken by the applicant in the application.\n(sec.230-ssec.2) A party may only take further action on the application with an order of the court, commission or registrar.\n(sec.230-ssec.3) An application for an order under subrule (2) must be in the approved form and state the following— the steps taken in the proceeding; an explanation for the circumstances of the delay; the steps (including a timetable) proposed to be taken to progress the proceeding; any prejudice suffered or likely to be suffered by another party to the proceeding if the application starting the proceeding is not struck out; the merits of the proceeding; why the court, commission or registrar should make the order despite the delay.\n- (a) an application starting a proceeding has been filed; and\n- (b) no action has been taken by the applicant in relation to the application for at least 1 year since the last action was taken by the applicant in the application.\n- (a) the steps taken in the proceeding;\n- (b) an explanation for the circumstances of the delay;\n- (c) the steps (including a timetable) proposed to be taken to progress the proceeding;\n- (d) any prejudice suffered or likely to be suffered by another party to the proceeding if the application starting the proceeding is not struck out;\n- (e) the merits of the proceeding;\n- (f) why the court, commission or registrar should make the order despite the delay.","sortOrder":344},{"sectionNumber":"sec.231","sectionType":"section","heading":"Striking out proceeding after at least 1 year’s delay","content":"### sec.231 Striking out proceeding after at least 1 year’s delay\n\nThis rule applies if—\nan application starting a proceeding has been filed; and\nno action has been taken by the applicant in relation to the application for at least 1 year since the last action was taken by the applicant in the application.\nThe registrar may, by notice, require the applicant to show cause in writing, within 21 days after the day the notice is given, why the application starting the proceeding should not be struck out.\nThe notice must state that the application may be struck out if the applicant does not show cause within the time stated in the notice.\nThe applicant’s response to the notice to show cause must state the following—\nthe steps taken in the proceeding;\nan explanation for the circumstances of the delay;\nthe steps (including a timetable) proposed to be taken to progress the proceeding;\nany prejudice suffered or likely to be suffered by another party to the proceeding if the application is not struck out;\nthe merits of the proceeding;\nwhy the court, commission or registrar should not strike out the application despite the delay.\nAfter considering any response by the applicant to the notice to show cause, the registrar may do 1 of the following—\nstrike out the application;\nlist the matter of showing cause for hearing, with or without directions, before—\nif the application is to be decided by the court—the court; or\nif the application is to be decided by the commission—the commission; or\nif the application is to be decided by the registrar—the registrar;\nlist the application for hearing, with or without directions;\nmake another order dealing with the application the registrar considers appropriate.\nOn a hearing of the matter of showing cause, the court, commission or registrar may do 1 of the following—\nstrike out the application;\nlist the application for hearing, with or without directions;\nmake another order dealing with the application the court, commission or registrar considers appropriate.\nThe striking out of the application starting the proceeding under this rule also disposes of any other application in the proceeding that has not been disposed of, other than in relation to costs.\nIf the application is struck out under this rule, the registrar must give the parties notice that the court, commission or registrar has struck out the application.\nr 231 amd 2021 SL No. 10 s 54\n(sec.231-ssec.1) This rule applies if— an application starting a proceeding has been filed; and no action has been taken by the applicant in relation to the application for at least 1 year since the last action was taken by the applicant in the application.\n(sec.231-ssec.2) The registrar may, by notice, require the applicant to show cause in writing, within 21 days after the day the notice is given, why the application starting the proceeding should not be struck out.\n(sec.231-ssec.3) The notice must state that the application may be struck out if the applicant does not show cause within the time stated in the notice.\n(sec.231-ssec.4) The applicant’s response to the notice to show cause must state the following— the steps taken in the proceeding; an explanation for the circumstances of the delay; the steps (including a timetable) proposed to be taken to progress the proceeding; any prejudice suffered or likely to be suffered by another party to the proceeding if the application is not struck out; the merits of the proceeding; why the court, commission or registrar should not strike out the application despite the delay.\n(sec.231-ssec.5) After considering any response by the applicant to the notice to show cause, the registrar may do 1 of the following— strike out the application; list the matter of showing cause for hearing, with or without directions, before— if the application is to be decided by the court—the court; or if the application is to be decided by the commission—the commission; or if the application is to be decided by the registrar—the registrar; list the application for hearing, with or without directions; make another order dealing with the application the registrar considers appropriate.\n(sec.231-ssec.6) On a hearing of the matter of showing cause, the court, commission or registrar may do 1 of the following— strike out the application; list the application for hearing, with or without directions; make another order dealing with the application the court, commission or registrar considers appropriate.\n(sec.231-ssec.7) The striking out of the application starting the proceeding under this rule also disposes of any other application in the proceeding that has not been disposed of, other than in relation to costs.\n(sec.231-ssec.8) If the application is struck out under this rule, the registrar must give the parties notice that the court, commission or registrar has struck out the application.\n- (a) an application starting a proceeding has been filed; and\n- (b) no action has been taken by the applicant in relation to the application for at least 1 year since the last action was taken by the applicant in the application.\n- (a) the steps taken in the proceeding;\n- (b) an explanation for the circumstances of the delay;\n- (c) the steps (including a timetable) proposed to be taken to progress the proceeding;\n- (d) any prejudice suffered or likely to be suffered by another party to the proceeding if the application is not struck out;\n- (e) the merits of the proceeding;\n- (f) why the court, commission or registrar should not strike out the application despite the delay.\n- (a) strike out the application;\n- (b) list the matter of showing cause for hearing, with or without directions, before— (i) if the application is to be decided by the court—the court; or (ii) if the application is to be decided by the commission—the commission; or (iii) if the application is to be decided by the registrar—the registrar;\n- (i) if the application is to be decided by the court—the court; or\n- (ii) if the application is to be decided by the commission—the commission; or\n- (iii) if the application is to be decided by the registrar—the registrar;\n- (c) list the application for hearing, with or without directions;\n- (d) make another order dealing with the application the registrar considers appropriate.\n- (i) if the application is to be decided by the court—the court; or\n- (ii) if the application is to be decided by the commission—the commission; or\n- (iii) if the application is to be decided by the registrar—the registrar;\n- (a) strike out the application;\n- (b) list the application for hearing, with or without directions;\n- (c) make another order dealing with the application the court, commission or registrar considers appropriate.","sortOrder":345},{"sectionNumber":"sec.232","sectionType":"section","heading":"Vacations and holidays","content":"### sec.232 Vacations and holidays\n\nThe vacations and holidays of the court and commission are the same as the Supreme Court at Brisbane but may be rearranged with the president’s approval.\nHowever, the court or commission may deal with business arising during a vacation, if the court or commission considers it necessary.\n(sec.232-ssec.1) The vacations and holidays of the court and commission are the same as the Supreme Court at Brisbane but may be rearranged with the president’s approval.\n(sec.232-ssec.2) However, the court or commission may deal with business arising during a vacation, if the court or commission considers it necessary.","sortOrder":346},{"sectionNumber":"pt.19","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":347},{"sectionNumber":"pt.19-div.1","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":348},{"sectionNumber":"sec.233","sectionType":"section","heading":"Repeal","content":"### sec.233 Repeal\n\nThe Industrial Relations (Tribunals) Rules 2000 , SL No. 329 are repealed.","sortOrder":349},{"sectionNumber":"pt.19-div.2","sectionType":"division","heading":"Transitional provisions for the Industrial Relations (Tribunals) Rules 2011","content":"## Transitional provisions for the Industrial Relations (Tribunals) Rules 2011","sortOrder":350},{"sectionNumber":"sec.234","sectionType":"section","heading":"Definition for div 2","content":"### sec.234 Definition for div 2\n\nIn this rule—\ncommencement means the commencement of this rule.","sortOrder":351},{"sectionNumber":"sec.235","sectionType":"section","heading":"Continuance of proceedings","content":"### sec.235 Continuance of proceedings\n\nThis rule applies to a proceeding started, in the court or commission or before a magistrate or the registrar, but not completed, before the commencement.\nOn the commencement, the repealed Industrial Relations (Tribunals) Rules 2000 continue to apply to the proceeding as if these rules had not been made.\n(sec.235-ssec.1) This rule applies to a proceeding started, in the court or commission or before a magistrate or the registrar, but not completed, before the commencement.\n(sec.235-ssec.2) On the commencement, the repealed Industrial Relations (Tribunals) Rules 2000 continue to apply to the proceeding as if these rules had not been made.","sortOrder":352},{"sectionNumber":"sec.236","sectionType":"section","heading":"Continuance of practice notes","content":"### sec.236 Continuance of practice notes\n\nThis rule applies to a practice note—\nissued by the court, commission or registrar before the commencement; and\nin force immediately before the commencement.\nThe practice note is taken to have been issued by the court, commission or registrar under rule 92.\n(sec.236-ssec.1) This rule applies to a practice note— issued by the court, commission or registrar before the commencement; and in force immediately before the commencement.\n(sec.236-ssec.2) The practice note is taken to have been issued by the court, commission or registrar under rule 92.\n- (a) issued by the court, commission or registrar before the commencement; and\n- (b) in force immediately before the commencement.","sortOrder":353},{"sectionNumber":"sec.237","sectionType":"section","heading":"Continuance of appointment of lawyer or agent","content":"### sec.237 Continuance of appointment of lawyer or agent\n\nAn appointment of a lawyer or agent made under section 319 of the Act before the commencement continues.\nAction may be taken in relation to the appointment as if the appointment was made under these rules.\n(sec.237-ssec.1) An appointment of a lawyer or agent made under section 319 of the Act before the commencement continues.\n(sec.237-ssec.2) Action may be taken in relation to the appointment as if the appointment was made under these rules.","sortOrder":354},{"sectionNumber":"sec.238","sectionType":"section","heading":"References to Industrial Relations (Tribunals) Rules 2000","content":"### sec.238 References to Industrial Relations (Tribunals) Rules 2000\n\nIn subordinate legislation or a document, a reference to the Industrial Relations (Tribunals) Rules 2000 may, if the context permits, be taken to be a reference to these rules.","sortOrder":355},{"sectionNumber":"pt.19-div.3","sectionType":"division","heading":"Transitional provision for the Industrial Relations Legislation Amendment Regulation (No. 1) 2014","content":"## Transitional provision for the Industrial Relations Legislation Amendment Regulation (No. 1) 2014","sortOrder":356},{"sectionNumber":"sec.239","sectionType":"section","heading":"Transitional provision","content":"### sec.239 Transitional provision\n\nThis rule applies to an appeal mentioned in the Further Education and Training Act 2014 , section 213(2) or 214(2).\nThe following rules, as in force immediately before the commencement of this rule, continue to apply in relation to the appeal as if the Industrial Relations Legislation Amendment Regulation (No. 1) 2014 had not been made—\nrule 132 (1) (g) ;\nrule 133 (2) (b) (iv) to (vii) and (e)(iii);\nschedule 2 , definition enabling Act , paragraph (f) ;\nschedule 2 , definition stay of a decision under appeal or review , paragraph (f) .\nRule 136 applies in relation to the appeal as if the reference in rule 136(1)(a) to the Further Education and Training Act 2014 , section 168 were a reference to the Vocational Education, Training and Employment Act 2000 , section 230.\nr 239 ins 2014 SL No. 143 s 22\n(sec.239-ssec.1) This rule applies to an appeal mentioned in the Further Education and Training Act 2014 , section 213(2) or 214(2).\n(sec.239-ssec.2) The following rules, as in force immediately before the commencement of this rule, continue to apply in relation to the appeal as if the Industrial Relations Legislation Amendment Regulation (No. 1) 2014 had not been made— rule 132 (1) (g) ; rule 133 (2) (b) (iv) to (vii) and (e)(iii); schedule 2 , definition enabling Act , paragraph (f) ; schedule 2 , definition stay of a decision under appeal or review , paragraph (f) .\n(sec.239-ssec.3) Rule 136 applies in relation to the appeal as if the reference in rule 136(1)(a) to the Further Education and Training Act 2014 , section 168 were a reference to the Vocational Education, Training and Employment Act 2000 , section 230.\n- (a) rule 132 (1) (g) ;\n- (b) rule 133 (2) (b) (iv) to (vii) and (e)(iii);\n- (c) schedule 2 , definition enabling Act , paragraph (f) ;\n- (d) schedule 2 , definition stay of a decision under appeal or review , paragraph (f) .","sortOrder":357},{"sectionNumber":"pt.19-div.4","sectionType":"division","heading":"Transitional provisions for Industrial Relations (Tribunals) (Reform of Act) Amendment Rule 2017","content":"## Transitional provisions for Industrial Relations (Tribunals) (Reform of Act) Amendment Rule 2017","sortOrder":358},{"sectionNumber":"sec.240","sectionType":"section","heading":"Continuation of r 159 for Act , s 1020","content":"### sec.240 Continuation of r 159 for Act , s 1020\n\nRule 159, as in force before the commencement, continues to apply in relation to conduct to which section 1020 of the Act applies.\nr 240 ins 2017 SL No. 26 s 112","sortOrder":359},{"sectionNumber":"sec.241","sectionType":"section","heading":"Existing proceedings and proceedings not started","content":"### sec.241 Existing proceedings and proceedings not started\n\nThis section applies to a proceeding to which section 1023 or 1024 of the Act applies.\nThese rules, as in force immediately before the commencement, continue to apply in relation to the proceeding.\nr 241 ins 2017 SL No. 26 s 112\n(sec.241-ssec.1) This section applies to a proceeding to which section 1023 or 1024 of the Act applies.\n(sec.241-ssec.2) These rules, as in force immediately before the commencement, continue to apply in relation to the proceeding.","sortOrder":360},{"sectionNumber":"sec.242","sectionType":"section","heading":"Continuation of pt 3, div 1 and r 188","content":"### sec.242 Continuation of pt 3, div 1 and r 188\n\nPart 3, division 1 and rule 188, as in force before the commencement, continue to apply in relation to a fee received by a private employment agent before the commencement.\nr 242 ins 2017 SL No. 26 s 112","sortOrder":361},{"sectionNumber":"pt.19-div.5","sectionType":"division","heading":"Transitional provisions for Industrial Relations (Tribunals) Amendment Rule 2021","content":"## Transitional provisions for Industrial Relations (Tribunals) Amendment Rule 2021","sortOrder":362},{"sectionNumber":"sec.243","sectionType":"section","heading":"Existing practice notes","content":"### sec.243 Existing practice notes\n\nThis rule applies to a practice note—\nissued, or taken to have been issued, under former rule 92; and\nin force immediately before the commencement.\nThe practice note is taken to be a practice direction under new rule 92.\nIn this rule—\nformer rule 92 means rule 92 as in force from time to time before the commencement.\nnew rule 92 means rule 92 as in force from the commencement.\nr 243 ins 2021 SL No. 10 s 57\n(sec.243-ssec.1) This rule applies to a practice note— issued, or taken to have been issued, under former rule 92; and in force immediately before the commencement.\n(sec.243-ssec.2) The practice note is taken to be a practice direction under new rule 92.\n(sec.243-ssec.3) In this rule— former rule 92 means rule 92 as in force from time to time before the commencement. new rule 92 means rule 92 as in force from the commencement.\n- (a) issued, or taken to have been issued, under former rule 92; and\n- (b) in force immediately before the commencement.","sortOrder":363},{"sectionNumber":"sec.244","sectionType":"section","heading":"Application of r 94A","content":"### sec.244 Application of r 94A\n\nRule 94A applies to an exhibit held by the court, commission or registrar in a finalised proceeding whether the proceeding becomes a finalised proceeding before or after the commencement.\nr 244 ins 2021 SL No. 10 s 57","sortOrder":364},{"sectionNumber":"sec.245","sectionType":"section","heading":"Application of r 185A to industrial disputes started before commencement","content":"### sec.245 Application of r 185A to industrial disputes started before commencement\n\nRule 185A applies to an industrial dispute started before the commencement only if no action has been taken by the applicant in relation to the industrial dispute for at least 6 months after the commencement.\nr 245 ins 2021 SL No. 10 s 57","sortOrder":365},{"sectionNumber":"pt.19-div.6","sectionType":"division","heading":"Transitional provision for Industrial Relations and Other Legislation Amendment Regulation 2022","content":"## Transitional provision for Industrial Relations and Other Legislation Amendment Regulation 2022","sortOrder":366},{"sectionNumber":"sec.246","sectionType":"section","heading":"Application of r 101 to fair work claims","content":"### sec.246 Application of r 101 to fair work claims\n\nNew rule 101 applies, and is taken always to have applied, to a fair work claim in an Industrial Magistrates Court started on or after 1 March 2021.\nIn this section—\nnew rule 101 means rule 101 as in force from the commencement.\nr 246 ins 2022 SL No. 100 s 13\n(sec.246-ssec.1) New rule 101 applies, and is taken always to have applied, to a fair work claim in an Industrial Magistrates Court started on or after 1 March 2021.\n(sec.246-ssec.2) In this section— new rule 101 means rule 101 as in force from the commencement.","sortOrder":367}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Since the 2000 rules repealed and replaced by these 2011 Rules, the instrument has expanded beyond a narrow procedural code into a broad, consolidated procedural framework covering many new subject‑matter areas. Notable scope expansions include: the addition of detailed Trans‑Tasman rules (pt 3A, rr 123D–123L, 123G–123K) to manage cross‑border evidence and NZ judgments; separate, streamlined tracks for fair work and unpaid amount claims (pt 3B, rr 123M–123ZC) including simplified procedures; express integration with a number of other statutes (WHS Act, Anti‑Discrimination Act, Workers’ Compensation etc.), producing many specialised application forms and evidentiary requirements (see rr 80A–80E, 83–87); expanded registrar powers to manage filings and refuse vexatious documents (r 100) and more granular time‑out/strike‑out regimes (rr 147, 185A, 229–231). These additions materially enlarge the rules’ operational reach and impose more varied procedural obligations on a wider set of actors (third parties, industrial organisations, federal counterpart bodies), so the scope has grown substantially compared with the narrower, earlier procedural model."},"complexity_factors":["Extensive length: 246+ numbered rules spanning multiple Parts and Divisions (rules 1–246 and schedules)","Large number of cross‑references to the Industrial Relations Act and multiple other Acts (WHS Act, Workers’ Compensation Act, Anti‑Discrimination Act, Trans‑Tasman Proceedings Act, etc.)","Many defined terms in schedule 2 referenced throughout (numerous cross‑definitions increase interpretive load)","Multiple nested procedural tracks (court, commission, registrar, magistrates, Industrial Magistrates Court, Trans‑Tasman, appeals, WHS reviews, fair work claims)","Numerous conditional timelines and deadlines (7 days, 14 days, 21 days, 1 month, 2 months, 6 months, 1 year)","Detailed non‑party production regime with objection, stay and cost assessment steps (rules 64B–64I)","Widespread delegated discretion to registrars and judicial officers (filing refusal, directions, striking out, sealing/withholding publications)","Extensive approved‑form and formatting requirements (many rules require documents be in ‘approved form’ and specify content/formatting)","Special procedural sub‑regimes (simplified procedures, settlement conferences, secret ballots, Trans‑Tasman enforcement)","Frequent amendments and transitional provisions across several years (2013, 2014, 2017, 2021, 2022, 2023, 2024) increasing conditional complexity"],"plain_english_summary":"**What these rules do (mechanics)**\n\n- Set the detailed courtroom and tribunal practice for industrial matters covered by the Industrial Relations Act and a range of related laws (for example, Work Health and Safety, Workers’ Compensation, Anti‑Discrimination and others). They tell people exactly how to start proceedings, serve papers, run hearings, produce evidence and comply with directions. (See generally parts 1–5 and many individual rules such as r 8, r 12, r 41, r 50.)\n\n- Require use of approved forms and set content and formatting rules for pleadings, affidavits, exhibits and bargaining instruments. (See r 8, r 10, r 13, r 52, r 173.)\n\n- Prescribe filing and service processes (how and when documents are filed; acceptable methods of service, including email and fax; when a document is treated as served). They also permit substituted or informal service where normal service is impracticable. (See r 14–r 35, r 38A–r 40, r 32–r 33.)\n\n- Define who is responsible for “carriage” of a matter (the applicant unless otherwise ordered) and require the carriage party to progress the case until final disposition or discontinuance. (r 9.)\n\n- Give the court, commission, magistrate and the registrar broad case‑management powers: directions orders, disclosure obligations, attendance notices (compulsory production), inspection rules, and the power to refuse to file frivolous or abusive documents. (See r 41, r 46, r 58–r 64, r 100.)\n\n- Lay out rules for evidence: when affidavits may be used, formalities for affidavits and exhibits, and how evidence is to be treated (including limits on scandalous material). (r 50–r 57, r 53.)\n\n- Provide specific regimes for: (a) proceedings in Industrial Magistrates Courts (claims, procedure, summonses and costs) (part 3); (b) Trans‑Tasman matters (service and enforcement with New Zealand) (part 3A); (c) fair work and unpaid amount claims with simplified procedures and conciliation/settlement steps (part 3B); and (d) appeals and Work Health & Safety (WHS) reviews (part 5). (See r 101; r 123D–r 123L; r 123M–r 123Z; r 132–r 139.)\n\n- Regulate representation (who may act, notice of appointment/withdrawal/change of lawyer or agent) and bar removed/suspended lawyers from representing parties. (r 124–r 130.)\n\n- Prescribe time‑management rules: multiple fixed timeframes for service, responses, objections, show‑cause processes and timeouts that allow registrars/courts to strike out or require a party to show cause after 2 months/6 months/1 year of inaction. (See r 21, r 22, r 49, r 147, r 185A, r 229–r 231.)\n\n- Fix fees (schedule 1) and set rules for searching or copying filed records (registrar approval and fees). (r 224–r 225, r 228.)\n\n\n**Who these rules affect**\n\n- Litigants (employees, employers, industrial organisations, businesses) who bring or defend industrial claims, appeals and reviews — they must comply with the forms, time limits and service requirements described above.\n- Lawyers and agents who represent parties — they must file notices of appointment, addresses for service and comply with signing and electronic filing requirements (r 12, r 125–r 128, r 13A).\n- Non‑parties who may be required to produce documents or attend by attendance notices — protections and costs rules apply (r 58–r 64, r 64B–r 64I, r 120, r 62).\n- Industrial organisations (unions and employer associations) — special rules for registration, elections, ballots, rules amendments, and statistics returns (part 14, r 189–r 220).\n- Registrars, magistrates, commission members and court officers — the rules allocate significant case‑management and discretionary powers to these officials (e.g. r 88, r 100, r 41).\n\n\n**Why it matters (official purpose and practical effects)**\n\n- Officially: the rules exist to secure “just and expeditious disposition” of tribunal business at minimum expense (r 6). That is implemented by standardising forms, timelines, service and case‑management powers.\n\n- Practical effects and the mechanisms that produce them:\n  - Standard forms and strict filing/service rules reduce uncertainty about the shape of a case but increase compliance costs for parties (time to complete forms, pay fees and follow formatting rules) (r 8, r 13, r 224).\n  - Broad powers given to registrars and tribunals (to refuse filing, order disclosure, strike out delayed matters, or direct procedure) centralise control of case progression — this can speed resolution but increases administrative discretion and legal risk for users (r 14, r 41, r 100, r 231).\n  - Non‑party production and attendance notices (including the detailed non‑party notice procedure r 64B–r 64I) expand access to third‑party documents. That lowers the cost to a litigant of obtaining evidence, but shifts compliance costs (time, copying, reasonable expense payments) onto non‑parties and creates scope for contested objections and additional satellite applications to the tribunal (r 64E–r 64G, r 64I).\n  - Simplified procedures for small or routine unpaid‑amount/fair work claims allow faster, lower‑cost resolution if parties agree (r 123R). The trade‑off is a weaker formal evidence structure and reduced procedural protections compared with full hearings.\n  - Specific timelines to strike out inactive proceedings (r 147, r 185A, r 229–r 231) place a compliance/monitoring burden on applicants but reduce docket congestion and stale claims.\n  - Electronic filing, signature by electronic means, special email/fax service requirements and remote appearance provisions (r 13, r 13A, r 38A, r 39, r 123L) modernise processes but create dependency on IT procedures and registrar discretion for format/acceptance.\n\n\n**Who pays, who decides, and how behaviour changes**\n\n- Who pays: parties pay filing fees (r 14, sch 1), service charges under r 28, and must meet reasonable expenses of non‑parties compelled to produce documents (r 64I). Parties requesting a witness under an attendance notice must generally pay that witness’s travel and witness allowance (r 62, r 120).\n\n- Who decides: the court, the commission, magistrates and the registrar have primary decision‑making authority. The registrar has express powers to manage cases, issue or refuse filing, and to require information (r 88, r 100, r 97). Many decisions (e.g. setting aside attendance notices, disclosure disputes) are operationally allocated to the industrial tribunal or a magistrate (r 61, r 60A, r 64G).\n\n- Behavioural change: parties must prepare approved forms, keep documents available at hearings, act quickly to avoid strike‑out, comply with disclosure directions and consider cost exposures when pressing marginal claims. Employers and small businesses that receive attendance notices or non‑party production notices must budget for compliance costs and potential legal objections.\n\n\n**Implementation risks, compliance burden and trade‑offs (short list)**\n\n- Compliance burden is concentrated: small businesses, unrepresented parties and third parties face the largest procedural cost (forms, affidavits, compelled production). (See r 12, r 13, r 64B–r 64I.)\n- Registrar and tribunal discretion is broad; that creates speed and flexibility but raises execution risk (uneven outcomes across registries or over time) unless practice directions and consistent case management standards are strictly applied (r 41, r 92, r 97). \n- Multiple cross‑references to external Acts (WHS Act, Anti‑Discrimination Act, Trans‑Tasman Proceedings Act, Workers’ Compensation Act and others) increase the chance of procedural error and require users to consult several statutes and rules together (see e.g. r 8, r 80B, pt 3A and pt 5). \n- Simplified procedure options speed low‑value claims but reduce formal protections; parties should weigh the savings against evidentiary risks (r 123R).\n\n\n**Representative provisions cited for key mechanics**\n\n- Start proceedings: must use approved form except in specified exceptions (r 8).\n- Contact and service details required on initiating documents (r 12). \n- Registrar discretion to refuse filing where document is frivolous/abusive (r 14, r 100). \n- Attendance notices; non‑party production regime and limits, objections and cost recovery (r 58–r 64; r 64B–r 64I). \n- Time‑out and strike out: 2 months (specific appeals by released appellant r 147), 6 months (industrial disputes r 185A), 1 year (general strike out r 231). \n- Simplified procedures for unpaid/unfair work claims (r 123R) and rules for conciliation/settlement conferences (r 123S–r 123X).\n\n\n**Bottom line**\n\nThese rules are the operational manual for industrial litigation in the State’s tribunals. They aim to speed and standardise case progression through prescribed forms, time limits and strong case‑management powers, while balancing protections for non‑parties and specified categories of proceedings. The main trade‑offs are procedural certainty and speed versus compliance cost (particularly for small parties and third‑party witnesses) and increased administrative discretion held by registrars and tribunal members. Users should budget for form‑compliance, time limits and possible non‑party costs, and consider the simplified procedures where available (r 123R)."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The rules commenced in 2012 under the original enabling Act but were subsequently continued and amended to operate under section 551 of the Act from 1 March 2017, reflecting a legislative restructure. Multiple rounds of amendments (2013, 2014, 2017, 2021, 2023) expanded the original scope to include: non-party document production procedures (subdivision 7A, added 2014); electronic filing and service provisions (expanded 2021); new rules on objecting to inspection of produced documents (rule 60A, added 2021); and electronic signing of documents (rule 13A, added 2021). These additions meaningfully broadened the procedural framework beyond what was originally enacted."},"complexity_factors":["Extensive cross-referencing to other legislation (Industrial Relations Act, Workers' Compensation and Rehabilitation Act 2003, Work Health and Safety Act 2011, Service and Execution of Process Act 1992, Acts Interpretation Act 1954)","Multiple tribunal types with overlapping and distinct rules (court, commission, magistrate, registrar), requiring readers to track which rules apply to which body","Numerous procedural pathways depending on how a proceeding is started (application, notice of appeal under appeal Act, complaint referral, ministerial direction, industrial dispute notice)","Highly granular document formatting requirements (font, size, margin, justification, numbering) with additional rules for electronic and imaged documents","Complex service rules with multiple acceptable methods, special rules for different entity types (individuals, corporations, industrial organisations, partnerships), and exceptions for Good Friday/Christmas/after 4pm","Non-party production regime (subdivision 7A) with its own definitions, notice requirements, objection procedures, and exceptions involving lawyer certificates","Attendance notice regime is a separate parallel mechanism to non-party production, with overlapping but distinct rules","Multiple amendments to the rules over time (2013, 2014, 2017, 2021, 2023) creating version-tracking complexity","Heavily nested list structures with sub-provisions that apply only in specific circumstances, requiring careful conditional reasoning","Defined terms (e.g. 'relevant address', 'non-party', 'hearing', 'industrial tribunal', 'imaged document') that modify the plain meaning of common words"],"plain_english_summary":"These rules are the procedural \"instruction manual\" for running workplace and industrial disputes in Queensland’s Industrial Court, the Queensland Industrial Relations Commission, magistrates and the registrar. They govern how cases start, how documents and evidence must be prepared and served, attendance notices, amendments, and powers to make directions.\n\nThey affect employees, employers, unions, lawyers/agents and third parties — and matter because procedural missteps (wrong form, missed service or deadlines) can lead to dismissal or penalties."},"kimi_summary":{"_metrics":{"completionTokens":811},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2011 scope. Major additions include: Part 3A (Trans-Tasman Proceedings, 2013), Part 3B (Fair Work Claims and Unpaid Amount Claims, 2021), and numerous specialised rules for anti-discrimination matters (2017), WHS reviews, and modern award processes. The original rules focused on traditional industrial relations proceedings; the current version covers a much broader range of employment-related disputes including federal fair work claims, workers' compensation, and cross-border enforcement."},"complexity_factors":["Extensive cross-referencing to multiple enabling Acts (Industrial Relations Act, Work Health and Safety Act, Fair Work Act, etc.)","Multiple overlapping jurisdictions (court, commission, magistrates, registrar) with subtly different procedures","Numerous 'approved form' requirements creating dependency on external documents not contained in the rules","Nested conditional logic throughout (e.g., rule 8 has 6 exceptions to the general rule, each with sub-conditions)","Transitional provisions and amendment history embedded in rule numbering (e.g., 'r 88A (prev r 184) amd 2017 SL No. 26 s 83 (1) – (2) reloc and renum 2017 SL No. 26 s 83 (3)')","Defined terms scattered across dictionary (Schedule 2) and inline definitions","Specialised subdivisions for non-party production (rules 64A-64I), Trans-Tasman proceedings (Part 3A), and fair work claims (Part 3B) with their own mini-procedure codes","Multiple amendment instruments referenced (2013 SL No. 73, 2017 SL No. 26, 2021 SL No. 10, etc.) indicating frequent change"],"plain_english_summary":"**What this legislation does:**\n\nThese are the **procedural rules** for Queensland's industrial relations tribunals — essentially the \"how-to\" manual for running cases before the Industrial Relations Commission, the Industrial Court, Industrial Magistrates, and the Registrar.\n\n**Key things covered:**\n\n- **Starting proceedings** — how to file applications, what forms to use, and when proceedings officially begin\n- **Documents** — formatting requirements (A4 paper, Times New Roman 11pt, specific margins), signing rules, and electronic filing\n- **Serving documents** — multiple ways to give documents to other parties (personal service, post, email, fax, leaving with adults at addresses)\n- **Amending applications** — before and during hearings, with objection procedures\n- **Evidence** — affidavits, exhibits, attendance notices (subpoenas), disclosure of documents, and inspection rules\n- **Directions orders** — how the tribunal manages case flow, schedules hearings, and controls conduct\n- **Appeals and reviews** — procedures for appealing decisions to higher tribunals\n- **Specialised proceedings** — including workers' compensation appeals, work health and safety reviews, fair work claims, and anti-discrimination matters\n- **Industrial organisations** — registration, rule changes, elections, and amalgamations\n- **Trans-Tasman proceedings** — special rules for cases involving New Zealand\n\n**Who it affects:**\n\nAnyone involved in Queensland industrial relations disputes — employees, employers, unions, employer organisations, lawyers, and self-represented parties.\n\n**Why it matters:**\n\nThese rules ensure industrial disputes are handled **fairly, efficiently, and consistently**. They prevent cases from getting bogged down in procedural fights by setting clear standards for documents, timelines, and conduct. The rules balance formal legal requirements with practical flexibility (like simplified procedures for small claims and settlement conferences to encourage resolution without full hearings)."},"issue_detection":{"absurdities":[{"type":"other","section":"sec.13(1)(c) and sec.13(1)(d)","severity":"low","reasoning":"While not strictly impossible, the binary distinction between 'typewritten' and 'not typewritten' fails to account for common modern scenarios such as word-processed documents with handwritten annotations, or documents produced by non-typewriter electronic means. The requirement for upper case handwriting is also practically burdensome.","confidence":0.55,"description":"Mutually exclusive formatting requirements create an impossible compliance gap for handwritten documents. A typewritten document must use Times New Roman 11pt with full justification, but a non-typewritten document must be in upper case letters. There is no provision for what happens if a document is partially typewritten and partially handwritten, nor any guidance on mixed-format documents."},{"type":"impossible_compliance","section":"sec.13(1)(b) and sec.13(3)(b)","severity":"low","reasoning":"Standard scanners typically produce single-page images from double-sided originals, so this is workable in practice, but the rule does not clearly resolve the situation where the original paper document is legitimately double-sided for some other purpose.","confidence":0.4,"description":"The rule requires documents to be on one side of the page only, yet also requires imaged (scanned) electronic documents to be 'formatted in a way that would result in the document complying with subrule (1) if a paper copy were made.' A scanned double-sided original would produce an imaged document that, when printed, would violate the one-side-only rule, yet the original paper document was required to comply before scanning. This creates a bootstrapping problem where the paper form must comply but compliance may be undermined by the imaging process itself."},{"type":"impossible_compliance","section":"sec.21(1)","severity":"medium","reasoning":"The 7-clear-day requirement in sec.21(1) is mandatory ('must') but there is an inherent tension with expedited hearing timeframes. Sec.21(3) provides a dispensation power but it is discretionary, meaning compliance depends on whether the tribunal exercises its discretion, creating legal uncertainty.","confidence":0.65,"description":"The rule requires an amended application to be served 'as soon as practicable after the amended application is filed, but at least 7 clear days before the hearing.' Under sec.18, amendments may be filed before the hearing. However, if a hearing is listed with less than 7 clear days' notice (which is possible under sec.25(2) where the tribunal can direct shorter service times), there is no mechanism to reconcile the mandatory 7-day pre-hearing service requirement for amended applications with a hearing date that falls within that window, creating an impossible compliance situation absent tribunal dispensation under sec.21(3)."},{"type":"self_contradicting","section":"sec.52(f) and sec.52(g) and sec.52(h)","severity":"medium","reasoning":"The affidavit form requirements apply uniformly but use oath-specific language ('sworn') that is inapplicable to affirmations, which are a legally distinct and equally valid form of attestation. An affirming deponent cannot truthfully complete a requirement to state when the document was 'sworn.'","confidence":0.75,"description":"An affidavit that is 'affirmed' rather than sworn cannot logically comply with sec.52(g) (which applies 'if the person swears the affidavit for another person or entity') or sec.52(h) (which requires stating 'the day on which, and place where, it was sworn'). An affirmation is not a swearing, so an affirmed affidavit cannot state when it was 'sworn' without making a false statement. The form conflates sworn affidavits and affirmations without differentiation."},{"type":"other","section":"sec.64B(1) and sec.64B(3)","severity":"low","reasoning":"The 7-to-14 day window is functional but the interaction with the prior service requirement under sec.64C(2) can compress timelines unpredictably. The structural tension is real but manageable in practice.","confidence":0.45,"description":"Section 64B(1) requires the non-party to produce documents 'within 14 days after service of the notice,' but sec.64B(3) states the non-party 'must comply with the notice but not before the end of 7 days after service.' This creates a compliance window of 7 to 14 days. However, sec.64C(2) prohibits serving the non-party until all persons under sec.64D have been served. If serving those persons takes time, the 14-day production deadline begins running from service on the non-party, but the effective preparation time for the requesting party may be compressed. More critically, there is no provision addressing what happens if production within 14 days is impossible due to the volume of documents required."},{"type":"self_contradicting","section":"sec.9(2)","severity":"medium","reasoning":"Once carriage is transferred by order, the original applicant ceases to have carriage under sec.9(1), but the obligation in sec.9(2) attaches to 'the person who has carriage' — so the obligation transfers with carriage. However, during any gap between the order transferring carriage and the new person assuming all obligations, there is ambiguity about who bears the duty to act.","confidence":0.5,"description":"The person with carriage of a proceeding 'must take all necessary steps in the proceeding until the proceeding is discontinued by leave of the court, commission or registrar; or finally determined.' This creates an absurdity where a party who has been ordered by the court to transfer carriage to another person (under sec.9(1)(a)) would simultaneously have no carriage but still be under an obligation to take all necessary steps — the obligation runs until discontinuance or final determination, not until carriage is transferred."},{"type":"impossible_compliance","section":"sec.14(1)","severity":"high","reasoning":"The definition of filing in sec.14(1) is premised on physical stamping, which is incompatible with electronic filing methods authorised by sec.15(c). This is not merely a technicality — the precise moment of filing determines compliance with limitation periods and other time-sensitive requirements throughout the rules.","confidence":0.8,"description":"A document is defined as 'filed when the appropriate fee (if any) is paid and the document is stamped in the registry.' However, sec.15 permits filing by post (with a written request) and by fax or email. A document transmitted by email or fax cannot be 'stamped in the registry' in any physical sense at the moment of transmission. The definition of filing is therefore literally inapplicable to electronic and postal filings, creating uncertainty about precisely when such documents are 'filed' for time-limit and other purposes."},{"type":"self_contradicting","section":"sec.19(1) and sec.18(2)","severity":"high","reasoning":"A document that 'replaces the whole' of another cannot simultaneously show changes relative to that other document in its own text, because the replaced document no longer exists as a reference point within the filed instrument. The only logical resolution would be to file both the tracked-changes version and a clean version, but the rules do not contemplate this.","confidence":0.82,"description":"Section 18(2) requires an amended application to 'replace the whole of the application,' yet sec.19(1) requires amendments to be distinguished from original text by underlining additions or crossing out deletions. If the amended application replaces the whole of the original, there is no 'original text' in the amended application against which to show changes — the amendment IS the whole document. These two requirements are logically irreconcilable: you cannot both replace the whole document and show tracked changes within it simultaneously in a single filed document."},{"type":"self_contradicting","section":"sec.60A(4)(b) and sec.60(3)","severity":"medium","reasoning":"The absolute prohibition in sec.60A(4)(b) on 'any person' inspecting the document would, on its literal terms, include members of the court or commission, who must be able to inspect documents to adjudicate the very objection that triggered the prohibition. This creates an irresolvable circularity.","confidence":0.7,"description":"Rule 60A(4)(b) provides that once an objection notice is received, the registrar 'must not allow any person to inspect, or further inspect, the document or thing.' However, sec.60(2) provides that 'the document or thing may be inspected by the court, commission or registrar.' Rule 60A(4)(b) does not expressly exclude the court, commission or registrar from its prohibition, potentially preventing the tribunal itself from inspecting a document that is the subject of an objection, which would defeat the purpose of the objection resolution process under sec.60A(5)."}],"contradictions":[{"severity":"high","section_a":"sec.14(1)","section_b":"sec.15(c)","confidence":0.85,"description":"Section 14(1) defines a document as filed when 'the appropriate fee (if any) is paid and the document is stamped in the registry.' Section 15(c) permits filing by transmitting the document by fax, email or another method. Electronic or fax transmissions cannot be 'stamped in the registry' at the moment of transmission, creating a contradiction between the definition of filing and the permitted methods of filing."},{"severity":"high","section_a":"sec.18(2)","section_b":"sec.19(1)","confidence":0.85,"description":"Section 18(2) requires an amended application to 'replace the whole of the application,' implying a clean, complete document. Section 19(1) requires amendments to be distinguished from original text by underlining additions or crossing out deletions, implying a tracked-changes document showing the original text. These requirements are mutually contradictory: a document that replaces the whole cannot simultaneously show tracked changes against the document it replaces."},{"severity":"medium","section_a":"sec.60(2)","section_b":"sec.60A(4)(b)","confidence":0.72,"description":"Section 60(2) provides that a produced document 'may be inspected by the court, commission or registrar.' Section 60A(4)(b) provides that upon receipt of an objection notice, the registrar 'must not allow any person to inspect, or further inspect, the document or thing.' The unqualified reference to 'any person' in sec.60A(4)(b) would on its literal terms override the inspection right of the court and commission in sec.60(2), making it impossible for the tribunal to review the document in order to adjudicate the objection."},{"severity":"medium","section_a":"sec.21(1)","section_b":"sec.25(2)","confidence":0.65,"description":"Section 21(1) imposes a mandatory minimum of 7 clear days' notice before the hearing for service of an amended application. Section 25(2) allows the court, commission or registrar to direct that a document be served in a shorter time. If a direction under sec.25(2) results in a hearing within less than 7 clear days, strict compliance with the mandatory 7-day requirement in sec.21(1) becomes impossible, creating a direct conflict between the two provisions."},{"severity":"medium","section_a":"sec.52(f)","section_b":"sec.52(h)","confidence":0.78,"description":"Section 52(f) requires an affidavit to 'state whether the affidavit is sworn or affirmed,' recognising affirmation as an alternative. Section 52(h) requires the affidavit to 'state the day on which, and place where, it was sworn.' An affirmed affidavit cannot truthfully state when it was 'sworn' because no oath was administered. The form requirements thus apply sworn-specific language to all affidavits regardless of the mode of attestation identified under sec.52(f)."},{"severity":"low","section_a":"sec.8(1)","section_b":"sec.8(2)(b)","confidence":0.55,"description":"Section 8(1) states that a proceeding 'must be started by an application in the approved form.' Section 8(2)(b) provides that sec.8(1) does not apply 'if the court, commission, registrar or these rules require otherwise.' The exception in sec.8(2)(b) is so broadly drafted that the general rule in sec.8(1) is rendered potentially nugatory — any requirement by the court, commission or registrar to use a different form or no form at all would displace the mandatory requirement. This makes the mandatory rule effectively aspirational."},{"severity":"low","section_a":"sec.64B(1)","section_b":"sec.64B(3)","confidence":0.5,"description":"Section 64B(1) requires production 'within 14 days after service of the notice on the non-party.' Section 64B(3) states the non-party 'must comply with the notice but not before the end of 7 days after service.' This creates a mandatory production window of 7 to 14 days. However, sec.64C(2) prohibits service on the non-party until all other required persons under sec.64D have been served, which could practically compress the effective production timeline without adjusting either deadline, potentially making timely compliance impossible in complex multi-party scenarios."}]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/industrial-relations-tribunals-rules-2011","history":"/api/acts/industrial-relations-tribunals-rules-2011/history","analysis":"/api/acts/industrial-relations-tribunals-rules-2011/analysis","conflicts":"/api/acts/industrial-relations-tribunals-rules-2011/conflicts","importantCases":"/api/acts/industrial-relations-tribunals-rules-2011/important-cases","documents":"/api/acts/industrial-relations-tribunals-rules-2011/documents"}}