Australian Industrial Relations Commission Rules 2007
13Appeals to Full Bench
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13 Appeals to Full Bench
(1) An appeal to a Full Bench under section 120 or 121 of the Act must be instituted by lodging with a Registrar a notice of appeal in accordance with Form R1 and 3 copies of the notice, together with 3 copies of a paginated appeal book containing:
(a) the award, order or decision under appeal; and
(b) the statement of the reasons for the award, order or decision; and
(c) the transcript of the evidence and argument in the proceedings from which the appeal is brought, or the relevant extract from the transcript; and
(d) each document that:
(i) was an exhibit, or a written submission, in the proceedings; and
(ii) relates to the grounds of appeal set out in the notice.
(2) An appeal must be instituted:
(a) within 21 days after the date of the award, order or decision appealed against; or
(b) on application — within such further time as is allowed by a Full Bench.
(3) An application to a Full Bench for leave to institute an appeal after the 21 days mentioned in paragraph (2) (a) or (b) must be in accordance with Form R2.
(4) If an applicant seeks a stay of the whole or part of the award, order or decision pending the determination of the appeal, the notice of appeal must include an application to that effect.
(5) On lodging a notice of appeal, the applicant must, as soon as practicable, serve:
(a) a copy of the notice of appeal and the appeal book lodged in accordance with subrule (1) on the other parties, and any intervener, in the proceedings from which the appeal is brought; and
(b) except in the case of an appeal against an order under Subdivision B of Division 4 of Part 12 of the Act, a copy of the notice of appeal on the Minister.
(6) On the Commission fixing a time and place for the hearing of the appeal, a Registrar must give notice of the time and place so fixed to:
(a) the applicant; and
(b) the other parties, and any intervener, who appeared in the proceedings from which the appeal is brought; and
(c) such other persons, if the Commission so directs; and
(d) except in the case of an appeal against an order under Subdivision B of Division 4 of Part 12 of the Act, the Minister.