TASIn ForceAct
Industrial Relations Act 1984
21Procedure of Commission and associated matters
Start here
Get a plain-English read of 21
Turn the raw legal text into a practical explanation grounded in Industrial Relations Act 1984.
### 21 Procedure of Commission and associated matters
> > (1) Subject to this Act, the Commission may regulate its own procedure.
>
> > (2) *\[Section 21 Subsection (2) amended by No. 113 of 1986, s. 6 \]*Without prejudice to the generality of [subsection (1)](#GS21@Gs1@EN) , the Commission may, in relation to a matter before it –
> >
> > > > (a) at or before the commencement of proceedings before the Commission, ascertain whether all private employers referred to in [section 66](#GS66@EN) [(1)](#GS66@Gs1@EN) who, and all organizations the members of which, in the opinion of the Commission, may be subject to an award made by the Commission, have been summoned to attend the proceedings, or have been given notice of those proceedings;
> > >
> > > > (b) [*\[Section 21 Subsection (2) amended by No. 18 of 1997, s. 10, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS10@Hpa@EN) direct that organisations or persons be summoned to attend those proceedings;
> > >
> > > > (c) at any stage of those proceedings, dismiss a matter or a part of a matter, or refrain from further hearing, or determining, the matter or part if the Commission is satisfied –
> > > >
> > > > > > (i) that the matter or part is trivial;
> > > > >
> > > > > > (ii) that further proceedings are not necessary or desirable in the public interest; or
> > > > >
> > > > > > (iii) . . . . . . . .
> > > > >
> > > > > > (iv) that, for any other reason, the matter or part should be dismissed or the hearing of those proceedings should be discontinued, as the case may be;
> > >
> > > > (d) take evidence on oath or affirmation;
> > >
> > > > (e) proceed to hear and determine the matter or any part of the matter in the absence of any party to it who has been duly summoned to appear or been duly served with notice of those proceedings;
> > >
> > > > (f) sit at any place;
> > >
> > > > (g) adjourn to any time and place;
> > >
> > > > (h) direct any person, whether a witness or intending witness or not, to leave the place in which those proceedings are being conducted;
> > >
> > > > (i) refer any matter to an expert and accept his report as evidence;
> > >
> > > > (j) permit the intervention, on such terms as it thinks fit, of an organization which, in the opinion of the Commission, is sufficiently interested in that matter;
> > >
> > > > (k) allow the amendment, on such terms as it thinks fit, of those proceedings or a document relating to that matter;
> > >
> > > > (l) correct, amend, or waive any error, defect, or irregularity;
> > >
> > > > (m) extend any time –
> > > >
> > > > > > (i) prescribed by or under this Act, except a time prescribed in relation to an appeal; or
> > > > >
> > > > > > (ii) fixed by an order of the Commission; and
> > >
> > > > (n) generally give all such directions and do all such things as are necessary or expedient for the expeditious and just hearing and determination of that matter.
>
> > (3) [*\[Section 21 Subsection (3) amended by No. 18 of 1997, s. 10, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS10@Hpb@EN) *\[Section 21 Subsection (3) amended by No. 105 of 1984, s. 5 \]*Any person, not being a private employer or member of an association referred to in [section 66](#GS66@EN) , or an intervener, who attends proceedings before the Commission to give evidence as a witness when so summoned to do so is entitled to be paid such fees, allowances, and sums by way of reimbursement of expenses as are prescribed in the regulations.