QLDIn ForceAct
Industrial Relations Act 2016
sec.894Hearing to be given before making decision
Start here
Get a plain-English read of sec.894
Turn the raw legal text into a practical explanation grounded in Industrial Relations Act 2016.
### sec.894 Hearing to be given before making decision
The court, commission or registrar (the industrial tribunal ) must, before making a decision under this chapter, give the following persons an opportunity to be heard about whether the decision should be made—
a person who applied for the decision or from whose application the decision is proposed to be made;
a person in relation to whom the decision is sought or may be made;
a person who may object to the making of the decision who has objected in the way required under this chapter;
an organisation the decision concerns;
any other person the industrial tribunal considers should be heard or who has a sufficient interest in the making of the decision.
However, subsection (1) does not apply if the industrial tribunal considers the decision may be made without prejudicing the rights of a person or for other sufficient reason.
A regulation may provide for—
objections to the making of a decision under this chapter; or
the way in which the opportunity to be heard must be given.
In this section—
decision includes—
an amendment of a rule of an organisation, other than a correction of a formal or clerical error; and
a referral.
(sec.894-ssec.1) The court, commission or registrar (the industrial tribunal ) must, before making a decision under this chapter, give the following persons an opportunity to be heard about whether the decision should be made— a person who applied for the decision or from whose application the decision is proposed to be made; a person in relation to whom the decision is sought or may be made; a person who may object to the making of the decision who has objected in the way required under this chapter; an organisation the decision concerns; any other person the industrial tribunal considers should be heard or who has a sufficient interest in the making of the decision.
(sec.894-ssec.2) However, subsection (1) does not apply if the industrial tribunal considers the decision may be made without prejudicing the rights of a person or for other sufficient reason.
(sec.894-ssec.3) A regulation may provide for— objections to the making of a decision under this chapter; or the way in which the opportunity to be heard must be given.
(sec.894-ssec.4) In this section— decision includes— an amendment of a rule of an organisation, other than a correction of a formal or clerical error; and a referral.
- (a) a person who applied for the decision or from whose application the decision is proposed to be made;
- (b) a person in relation to whom the decision is sought or may be made;
- (c) a person who may object to the making of the decision who has objected in the way required under this chapter;
- (d) an organisation the decision concerns;
- (e) any other person the industrial tribunal considers should be heard or who has a sufficient interest in the making of the decision.
- (a) objections to the making of a decision under this chapter; or
- (b) the way in which the opportunity to be heard must be given.
- (a) an amendment of a rule of an organisation, other than a correction of a formal or clerical error; and
- (b) a referral.