Industrial Relations Commission Regulations 2005

The regulations organise procedure around several persistent concepts: approved form and particulars; electronic filing and service; Registrar as administrative gatekeeper; time limits; discovery and evidentiary sequencing; delegated conciliation; specialised application pathways; and publication/registration obligations.

• Approved form and particulars: Many rules require applications, responses, objections and other process steps to be in an “approved form” and to include “particulars approved by the Chief Commissioner” (see eg regs 13, 14, 48, 60A, 61, 62, 77E). This standardises pleading content and centralises control of what must be disclosed at filing.

• Electronic filing and service: The regulations establish a regime for lodging electronically via the Commission’s website (reg 5(1)), set technical and content requirements for email filings (reg 5(2)), treat an electronically lodged document as satisfying copy-number requirements (reg 5(9A)), and create rules for email service where an email address is provided (regs 25-26). Timing rules apply to electronic lodgement (reg 6(3)-(3A)) and to email service thresholds (reg 26(4)), and signature requirements may be waived for approved online forms (reg 5(2A)).

• Registrar functions and Chief Commissioner control: The Registrar is the repository and administrative controller for filings, stamps, registers and returns (regs 4, 7, 77). The Registrar acts under the direction of the Chief Commissioner in presenting matters for allocation and in carrying out functions (reg 8). Numerous provisions permit the Chief Commissioner to give practice directions or require particulars “approved by the Chief Commissioner” (eg regs 60AA(3), 60A, and many Part 5 regs). The Commission or Chief Commissioner therefore can shape procedure beyond the text of the regulations.

• Timelines and response windows: The regs set default response windows , generally 21 days for standard responses (reg 13(6), 60AA(6), 62D(4) etc), 14 days for award-related procedures (regs 48(11), 50(12)), shorter windows for bullying/harassment matters (7 days, regs 62(3), 62A(5)) and tight filing windows around appeals and Full Bench processes (eg reg 102(10) requires appeal books within 14 days). The Commission can shorten or lengthen these periods and parties can seek variation under reg 36.

• Evidence management and discovery: Discovery orders, lists of documents, inspection and the continuing obligation to disclose until hearing are regulated (reg 20). The Commission may restrict use of undisclosed documents (reg 20(10)), may order production to the Commission (reg 21), and may require witness statements and expert reports to be exchanged within specific timeframes (regs 43, 45).

• Delegation and review: The Commission may delegate certain conciliation and investigation functions to Registrars (reg 64) and provides short review periods for parties to seek Commission review of Registrar decisions (reg 65).

• Specialised procedures and tribunals: The regulations map how Commission practice applies to appeals under other statutes (Police Act, Prisons Act, Young Offenders Act , Parts 9, 9A, 9B, 9C), to the Work Health and Safety Tribunal (Part 10) and to the Road Freight Transport Industry Tribunal (Part 10A). For these tribunals, core parts of these regulations apply as if references to the Commission were references to the tribunal (regs 97(1), 99C(1), 99C table).

• Registration, records and right of entry: Rules for registration of organisations and associations, alteration of rules, annual record-filing and financial statements, right of entry permit applications and the public register of permits are set out (regs 66-77, 78-82, 77E-77I). These provisions impose recurring administrative duties on organisations and their officers.

These core concepts operate together to make litigation and dispute resolution before the Commission more procedural and front-loaded: more content required at filing, earlier exchange of evidence, and centralised administrative processing by the Registrar under the oversight of the Chief Commissioner.

The regulations affect a wide and identifiable set of decision-makers, institutions and private parties.

• Applicants and respondents in industrial matters. Any person or entity commencing proceedings before the Commission must comply with approved-form requirements, statutory particulars and service rules (eg regs 13, 14, 24). Timelines differ by matter: award applications, equal remuneration orders, unfair dismissal claims, stop bullying/harassment applications and other referrals each carry specific filing and response periods (see regs 48, 60A, 61, 62, 62A).

• Employers and persons conducting a business or undertaking. Employers feature specifically in multiple processes. For stop bullying and sexual harassment proceedings the person conducting the business (PCBU) must be identified and served quickly (reg 62(1)(b)(i); 62A(1)(b)(i); 62(2) and 62A(3)). Employers also receive notices when a referral may affect a proposed employer under guardianship‑type provisions (regs 83-84 refer to the EEA provisions).

• Employee organisations, associations and their officers. Registration, changes to rules, amalgamations, annual returns, audited financials and notifications of officers are required under Division 1-4 of Part 7 (regs 66-77, 78-82). Secretaries have recurring filing obligations , for example a semi-annual return of current right-of-entry permit holders (reg 82) and 14-day notification obligations for change of office holding (reg 78(3)) and registered office address (reg 81).

• Authorised representatives and right-of-entry permit nominees. The right of entry permit application process is specified (reg 77E), including identity, a photograph, training evidence and, if requested, a National Police Certificate (reg 77E(2)-(3)). A public register of permits is to be maintained and published (reg 77I(1)-(2)).

• Registrars and the Chief Commissioner. Administrative control and day-to-day gatekeeping rest with the Registrar: acceptance and stamping of documents (reg 7), filing registers (reg 7(3)), seeking directions as to service (regs 48(2), 51(3), 76(6)), serving documents on parties (multiple regs), and operating the public registers (reg 77I). The Chief Commissioner directs allocation, may specify particulars, and can grant extensions or extra time (reg 8, reg 65).

• Commissioners and Full Bench members. Hearing allocation, case-management and rulings on interlocutory matters are Commissioners’ functions (eg regs 33, 34, 102). The Full Bench rules for appeals prescribe detailed appeal book requirements and grounds particulars (reg 102).

• Specialist tribunals and public sector bodies. The Work Health and Safety Tribunal, Road Freight Transport Industry Tribunal and the Police Compensation Tribunal operate under these regulations insofar as the tables in regs 97, 99C and 94L apply them, meaning parties appearing in those tribunals must also follow many of these procedural directions.

• Legal and other agents. Appointment and recognition of agents is formalised (reg 63), including the requirement that warrants be in approved form and filed, that agents lodge documents in the principal’s name and that the agent be endorsed on documents (reg 63(1), (6)-(7)).

• Third-party interested persons and interveners. The rules permit joinder, intervention and objections with specific time limits and content requirements (regs 15, 18, 19). For example, those wishing to be heard in a section 72A application must lodge particulars at least 10 days before the hearing (reg 73).

Practitioners and compliance professionals should therefore map the client’s position onto the specific regulation that prescribes the application form, service and response window for that subject-matter. The text concentrates formality and short timeframes in proceedings that commonly require urgent relief (eg stop bullying/harassment), while leaving the Commission broad discretion to manage otherwise exceptional cases.

The regulations create a set of compliance duties for parties and corresponding procedural rights.

Duties (party side)

• File and lodge documents at Registrar’s office and in the approved form: All filings must be at the Registrar’s office unless the Commission approves otherwise (reg 4(1)-(2)). Many filings must follow “approved forms” and include specified particulars or statutory declarations (eg regs 13(3)(c), 48(1), 60A(1)). Electronic lodgement is permitted subject to format and content requirements (reg 5).

• Pay prescribed fees on applications: Where a fee is prescribed, the applicant must pay within 7 days of the application being received, or the Registrar will notify the applicant and forward the file with a memorandum to the Chief Commissioner if unpaid after a further 7 days (reg 4(8)-(9)).

• Serve documents correctly and within time: The Registrar will serve documents, but parties also have service obligations in certain cases , for example, a party requesting a summons must serve copies on other parties and file proof of personal service (reg 41). Email service is effective where an email address is provided (regs 25-26).

• Provide particulars and approved attachments: Many subject-specific applications require attachments and particulars approved by the Chief Commissioner (eg reg 60AA(3), regs 62-62G). For organisation registration and rule changes there are specific requirements to show member consultation and resolutions (regs 66-68, 77A-77C).

• Disclosure obligations: Discovery, preparation of lists of documents, and the continuing duty to disclose documents up to the hearing are required when ordered (reg 20(2), (12)). Failure to disclose may prevent use in evidence (reg 20(10)).

• Keep registers and financial records: Organisations must deliver annual lists and statutory declarations each January (reg 78(1)-(2)), file balance sheets and statements of receipts and expenditure itemised with sufficient particularity (reg 79), and notify address changes within 14 days (reg 81).

Rights (party side)

• Right to be heard and object: Persons entitled to be heard may file objections and appear to contest applications (reg 15). Interested persons in specific appeals have rights to be served and to be heard (eg regs 86-87).

• Right to electronic processes and hearings on the papers: Parties can lodge approved forms electronically (reg 5(1)) and the Commission may determine proceedings on the papers unless oral evidence is required or a party objects (reg 32A). The Commission may also direct electronic evidence or submissions by video‑link subject to procedural safeguards (reg 44).

• Right to apply for discovery, production and inspection: Parties may apply in chambers for discovery orders (reg 20(2)), and for production of documents to the Commission if necessary for a fair disposal or saving costs (reg 21).

• Procedural relief: Parties may apply to extend or abridge time, to amend documents, to join parties, to apply for substituted service, and to seek stay or discontinuance orders; the Commission retains broad discretion to permit remedial procedural orders (regs 16, 17, 27, 36, 102(6)).

• Review of Registrar decisions: Where functions are delegated to a Registrar, parties have a right to apply to the Commission for review within a short statutory window (reg 65).

Administrative duties and rights (Registrar/Commission)

• Registrar is obliged to stamp, number and keep registers (reg 7). The Registrar must serve documents, maintain public registers (eg right of entry permits reg 77I), and present applications to the Chief Commissioner for allocation (reg 8).

• Chief Commissioner/Commission retains rights to issue directions, allocate matters, require particulars and approve forms (reg 8), and to waive or modify procedural requirements in particular cases (reg 37).

Costs and undertakings

• The Commission may order costs for supplying copy documents (reg 20(9)), and may require undertakings to meet costs associated with video‑link facilities (reg 44(7)). The Commission may also direct that a party pay costs for failing to reply to a notice to admit (reg 23(4)).

These duties and rights create a structured procedural architecture: predictable upfront disclosure and formality for parties, plus administrative discretion and summary processes intended to reduce delay and expense. Practitioners must therefore plan filings to meet the particular formal and timing requirements that attach to each subject-matter jurisdiction.

The regulations themselves impose limited monetary penalties and otherwise provide procedural enforcement mechanisms; substantive enforcement powers primarily flow from the Act the regulations support.

• Monetary penalties in the regulations: Two specific small fines are prescribed in the regulations. A statutory declaration accompanying financial statements must be provided by the secretary under reg 79(2), and a contravention attracts a fine of $40.00. A separate penalty of a $40.00 fine is prescribed for failing to notify a change of registered office address within 14 days under reg 81. These amounts are set out in the regulations themselves and are expressed as nominal penalties rather than primary enforcement devices.

• Commission enforcement and interlocutory relief: Enforcement of directions, orders and declarations under the Act is facilitated by procedural rules in these regulations. For enforcement of directions/orders the Full Bench has procedures under reg 60: an application for enforcement under section 84A must be filed in approved form and served within prescribed times; the Registrar is to attach directions to any application made by the Registrar (reg 60(1)-(6)). The Commission also has the power to revoke permits, suspend rights, and impose conditions under rules addressing right-of-entry permits (regs 77G-77H), though the operational exercise of those powers is within the Act’s provisions.

• Evidentiary enforcement: Discovery obligations are enforceable by Commission order in chambers (reg 20(2)) and may be revoked, varied, and subject to cost orders (reg 20(13), (9)). The Commission may prohibit the use of undisclosed documents at hearing (reg 20(10)), which operates as an evidentiary sanction for non-disclosure.

• Procedural remedies for non‑compliance: The Commission may treat non-compliance as irregular but not void and may set aside, amend or otherwise deal with proceedings to remedy defects (reg 38). That gives the Commission broad remedial power to manage breaches of procedure in a manner tailored to the case.

• Administrative consequences for unpaid fees: If an applicant does not pay a prescribed fee within 7 days of receiving notice, the Registrar forwards the application with a memorandum to the Chief Commissioner (reg 4(8)-(9)). This creates an administrative escalation mechanism that can lead to the Chief Commissioner’s directions concerning the application.

• Costs and undertakings: The Commission may make orders as to payment of costs associated with discovery, production, inspection, and video-link usage (reg 20(9); reg 44(7)-(8)). The power to require undertakings and to waive costs partially enables the Commission to re-allocate the expense of certain processes.

• Appeals and reviews: Where Registrars are delegated functions (reg 64), parties may apply for Commission review of Registrar decisions within 7 days (reg 65(1)), and reviews must be carried out within 14 days unless extended by the Chief Commissioner (reg 65(2)). This provides a time‑limited review route for administrative decisions made by Registrars.

The regulatory enforcement architecture therefore mixes small statutory fines, administrative process controls, evidentiary sanctions and cost orders. Substantive penalties and coercive powers to compel compliance (for example injunctive or criminal sanctions) are left to the Act; the regulations provide the procedural levers and timeframes by which such enforcement can be brought and by which the Commission mitigates non-compliance.

The regulations are explicitly designed to operate alongside and in support of the Industrial Relations Act 1979 and a number of other statutes. The regs frequently reference statutory hooks and provide procedure for matters that arise under other Acts.

• Relationship with the Act: The regulations operationalise many procedural provisions in the Industrial Relations Act by specifying forms, service details, timeframes and Registrar functions. For example, applications that the Act contemplates (section references in the regs, e.g. s 29A publication requirements) must be in the approved form with particulars and accompanying documents as prescribed by these regulations (see reg 48(13)-(15)). Delegations under the Act are given practical effect in reg 64 whereby the Chief Commissioner or Commission may refer specified claims to a Registrar for conciliation.

• Interface with Commonwealth service rules: Service of documents outside Western Australia is governed by the Commonwealth Service and Execution of Process Act 1992 s 51, and the regulations import that rule for out-of-state service (reg 24(4)). This prevents procedural inconsistency in cross-jurisdictional service.

• Interplay with other state Acts and tribunals: The regulations prescribe procedures for appeals and referrals under numerous other state statutes. They establish specific Parts for appeals under the Police Act 1892 (Part 9, regs 89-94G), Prisons Act 1981 (Part 9A), Young Offenders Act 1994 (Part 9B), and for matters under the Work Health and Safety Act 2020 (Part 10 and reg 95). Where a tribunal established by another Act deals with matters, the regulations apply “as if references to the Commission were references to the Tribunal” subject to the provisions of that Part (see regs 97(1), 99C(1), 94L(1)). This creates consistent procedure across tribunal contexts while preserving statutory differences.

• Owner-Drivers and Road Freight Transport Industry Tribunal: Regulations provide that certain parts apply to referrals under the Owner‑Drivers (Contracts and Disputes) Act 2007 and to the Road Freight Tribunal (regs 99A-99D). Those cross-references standardise scheduling, response times and conciliation processes across these specialised jurisdictions.

• Public Sector Acts and other specific referrals: Regulations 60AA and 62C-62G create procedures for matters referred under the Public Sector Management Act 1994 and the Health Services Act 2016, including required particulars, service obligations and response windows. The regs therefore operationalise cross-references to public sector administrative review and disciplinary regimes.

• Interaction with evidence and process statutes: The regulations require statutory declarations to be made before authorised witnesses under the Oaths, Affidavits and Statutory Declarations Act 2005 s 12(6) (reg 47(2)). This binds procedural practice in Commission proceedings to statutory evidence formalities.

• Administrative law and judicial review: The regulations set administrative timelines for review of Registrar decisions (reg 65), creating internal review mechanisms that will interact with broader judicial review principles. They do not displace external review channels available under administrative law but create a structured internal pathway.

Practically, parties should treat the regulations as the primary source of procedural obligations where a matter is before the Commission or one of the tribunals that these regs cover. However, for cross-jurisdictional interactions the specific enabling Act (eg Police Act, Work Health and Safety Act) and Commonwealth service rules must be checked alongside these regulations. The regulations expect practitioners to map statutory causes of action to the specific regulation that prescribes timing, form and service.

The regulations include an explicit compilation table showing amendments from the original Industrial Relations Commission Regulations 2005 through to 2025. Key amendment milestones and their procedural significance are visible in the text.

• Initial enactment: The regulations commenced on 1 September 2005 (reg 2 and compilation table entry 12 Aug 2005). The original Regulations established the framework for filing, service and hearings.

• Subsequent iterative amendments: Multiple amendment instruments updated procedure, added tribunal-specific parts, and introduced electronic and specialised processes. Notable changes include:

  • 2008-2012 amendments added processes for tribunals and refined hearing practice (see compilation entries for 2008, 2009, 2012).
  • 2014 and 2015 amendments introduced forms and processes for new referral types and modified appeal and tribunal rules (compilation entries 2014, 2015).
  • 2019 consolidated various changes and introduced expanded electronic procedures (Industrial Relations Commission Amendment Regulations 2019; Gazette 5 Mar 2019), including many revisions reflected across multiple regs (see footnotes beside many regs).
  • 2022 amendments (SL 2022/6, SL 2022/19, SL 2022/75) refined application of Commission procedure to tribunals, clarified delegation to Registrars and added parts relating to the Work Health and Safety Tribunal and other matters (see reg notes throughout).
  • 2025 amendments (SL 2025/21 and SL 2025/94) further expanded Part 7 (organisations and associations), introduced specific right-of-entry permit rules (regs 77E-77I), added multiple new procedural pathways including stop sexual harassment provisions (reg 62A), detailed transitional provisions for the Industrial Relations Legislation Amendment Act 2024 (Part 13 regs 106-108), and updated several definitions and public registers. The compilation table records SL 2025/21 (29 Jan 2025) and SL 2025/94 (13 Jun 2025) with corresponding commencement dates.

• Reprints and consolidated versions: The compilation table lists multiple reprints (Reprint 1 2008, Reprint 2 2009, Reprint 3 2014, Reprint 4 2019) that incorporate series of amendments. The notes state where particular instruments were included in each reprint.

• Transitional arrangements: Part 13 contains transitional provisions addressing changes effected by the Industrial Relations Legislation Amendment Act 2024 and sets out how certain bullying and sexual harassment applications, office abolitions and previously operating appeal boards are to be handled despite repeal or abolition (regs 106-108).

The amendment history therefore shows incremental modernisation (electronic filing and service), expansion of regulated subject-matter (new tribunals and referral types), and administrative fine-tuning (delegations to Registrars, short review windows). For practitioners, the key practical implication is that the regulations are actively maintained and that the “approved forms” and “particulars approved by the Chief Commissioner” referenced in many provisions are updated over time; always check the most recent reprint or the Commission’s website for the current approved forms and practice notes.

The regulation text supplied contains no judicial decisions or case names. The regulations themselves do not record judicial determinations and no precedent decisions are embedded in the text. Consequently, there is no internal litigation history available in the regulations to cite.

What follows is what the absence of litigation material means operationally for practitioners and researchers within the scope of these regulations. First, the regulations are procedural and point to many Commission and tribunal processes that are likely to be litigated or contested in future (for example discovery disputes under reg 20, judicial review of Registrar delegations under reg 64-65, or challenges to right-of-entry permit decisions under regs 77E-77H). Second, the regulations set concrete procedural contours that litigants must follow; disputes about those contours (such as whether a particular document was “lodged” under reg 5, whether electronic service was effective under reg 26, or whether a Registrar exceeded delegated powers under reg 64) would be resolved in the Commission and, if appealed, in courts , but the regulations themselves do not cite any such decisions.

In practice, lawyers appearing before the Commission should therefore:

• Track Commission and Full Bench decisions that interpret these regulations, because interpretive issues (for example the meaning of “approved form”, the sufficiency of particulars, or the limits of discovery) will be developed in case law rather than the regulations themselves.
• Monitor the Commission’s practice notes and the Chief Commissioner’s directions, which the regulations treat as having force once published (reg 39(3) says practice notes become effective 14 days after publication).
• Be aware of the internal review regime for Registrar decisions (reg 65) and the short statutory timeframes for review; decisions on the limits of those reviews will likely be a focus of litigation about administrative delegations.

Because the regulations operate alongside the Act and other statutes (eg Police Act, Work Health and Safety Act), interpretive litigation may also arise at the intersection between these instruments. Where litigants need precedent on contentious procedural points, the Commission’s published decisions, Full Bench rulings and any subsequently reported court decisions should be consulted. The absence of cases in the regulation text is therefore a prompt for targeted case law research and an instruction to rely on Commission practice and judicial interpretation for evolving procedural questions.

The regulations contain multiple procedural traps and timing quirks that can catch unprepared parties or advisers.

• Approved forms and Chief Commissioner particulars: Many filings must be in an “approved form” and include particulars “approved by the Chief Commissioner” (eg regs 13, 48, 60A, 61, 77E). Failure to use the correct approved form or to include required particulars is a common procedural ground for rejection by the Registrar under reg 4(5). Practitioners must obtain the current approved forms from the Commission before lodging.

• Electronic lodgement is permissive but conditional: Reg 5 allows electronic lodging and waives signature requirements for approved forms (reg 5(2A)), but email filings must be sent to an approved email address, in a Chief Commissioner‑approved electronic format, and include specific sender details (reg 5(2)). Documents sent by email not in accordance with the regulation are taken not to have been lodged (reg 5(6)). The Registrar must send an acknowledgement of filing (reg 5(8)), but absence of an acknowledgement is a risk indicator; do not assume acceptance until the acknowledgement is received.

• Timing quirks around midnight and public holidays: Electronic lodgement is taken to be received up to midnight on the day it is lodged (reg 6(3)), but if that day is a Saturday, Sunday or public holiday the document is taken to be received on the next business day (reg 6(3A)). This interacts with prescribed filing times and can produce unexpected late filings if practitioners rely on midnight lodgement without checking office hours (reg 4(2)-(3)).

• Fee non-payment escalation: If a filing attracts a prescribed fee and the applicant fails to pay within 7 days, the Registrar informs the applicant and, if unpaid after a further 7 days, forwards the application with a memorandum to the Chief Commissioner (reg 4(8)-(9)). This administrative escalation can delay allocation or lead to rejection of the application; confirm fee schedules and receipt of payment immediately after filing.

• Discovery and evidential exclusion: Discovery orders are discretionary (reg 20(2), (7)), but the regulation creates an evidentiary risk: a document that is not disclosed in the list of documents cannot be used at hearing unless the Commission orders otherwise (reg 20(10)-(11)). Practitioners should treat discovery as a continuing obligation until conclusion (reg 20(12)).

• Short response windows in urgent matters: Stop bullying, stop sexual harassment and sexual‑harassment referrals require fast service and response windows , service to individual respondents within 1 day of serving the PCBU and a 7‑day response window in many cases (regs 62(2)-(3), 62A(3)-(5), 62B(4)-(6)). Missing these windows constrains a party’s ability to participate fully unless the Commission grants leave.

• Requirements for multiple copies in non‑electronic filings: Although electronic filing satisfies copy-number requirements (reg 5(9A)), many tribunal-specific procedures still require multiple hard copies in specified circumstances (eg 3 copies for certain appeals under Parts 9, 9A, 9B, 9C). Confirm whether electronic-only filings are acceptable in the particular proceeding.

• Exchange and timing for expert reports and witness statements: Expert reports must be served at least 21 days before hearing unless the Commission orders otherwise (reg 45(2)). Parties requiring attendance for cross‑examination must advise the serving party at least 7 days before hearing (reg 45(6)). Witness statements and written outlines may be required and can be ordered to stand as evidence in chief (reg 43(1), (5)-(5)(b)). Late disclosure may be excluded or restricted.

• Appeal book and Full Bench technicalities: Appeals to the Full Bench require an appeal book within 14 days containing specified documents (reg 102(10)-(11A)) and strict grounds content requirements (reg 102(2)-(4)). Failure to lodge a compliant appeal book may delay listing or result in exclusion.

• Registrars’ delegated functions and short review windows: When matters are delegated to a Registrar for conciliation or facilitation (reg 64), review of Registrar decisions must be sought within 7 days (reg 65(1)). These short windows require immediate tactical consideration when a Registrar makes a contested decision.

• Service by email timing: A document sent by email is taken to be served that day only if sent before 4:30 pm on a working day; otherwise, it is taken to be served the next working day (reg 26(4)). Plan service timing accordingly, particularly around weekdays and long weekends.

• Public posting of right‑of‑entry applications and potential objections: The Commission may publish the name of the organisation applying for a right-of-entry permit and the nominated official on the Commission’s website, inviting submissions on fitness to hold the permit (reg 77E(6)). That creates reputational and procedural exposure for nominated officials.

Being alert to these technical points will avoid procedural losses and evidentiary surprises. Where time is running, file an application for shortened time (reg 13(5)-(7); reg 32 may allow listing without party request) rather than relying on informal extensions.

This section provides a practical compliance checklist tied to the obligations in the regulations. It distinguishes pre-filing, filing, post-filing, hearing preparation, and organisation-specific compliance steps.

Pre-filing

• Identify the correct procedural pathway and approved form. Before preparing any document, verify which regulation controls the subject-matter (eg award application reg 48, stop bullying reg 62, equal remuneration reg 60A) and obtain the current “approved form” from the Commission’s website as many provisions require that exact form (see reg 5(1), reg 13(1), reg 48(13)).

• Determine required particulars. Many applications must include particulars “approved by the Chief Commissioner” or specified attachments (e.g. reg 60A(1), 60AA(3), 77E(2)). If the regulation references particulars “approved by the Chief Commissioner from time to time,” contact the Registrar or check the Commission website for the current particulars checklist.

• Check prescribed fees. Confirm whether a prescribed filing fee applies and pay promptly. If a fee applies, pay on filing or within seven days to avoid the Registrar forwarding the application to the Chief Commissioner (reg 4(8)-(9)).

Filing and lodging

• Use the Commission’s electronic filing facilities when possible, but follow the format and email address requirements. Electronic lodgement via the Commission’s website is authorised (reg 5(1)); email filings must be to an approved address and in an approved electronic format with sender details (reg 5(2)). Obtain and retain the Registrar’s acknowledgement of filing (reg 5(8)).

• Ensure attachments match the form requirements. Attach all supporting statements, statutory declarations and documents required by the specific regulation (eg reg 13(3)(c) claim particulars; reg 48(1)(a) area and representation; reg 55(1)(a) executed industrial agreement).

• Number and label documents for the Registrar. The Registrar stamps and numbers originating processes and keeps a file register (reg 7(1)-(3)). Include accurate addresses for service and the name of the agent if an agent will act (reg 13(3)(a), reg 63(6)-(7)).

Service and response

• Provide an address for service and an email address if you will accept email service (reg 24(2), reg 25(2)-(3)). An email address provided under reg 25(2) is taken to be consent to email service (reg 25(3)).

• Calendar response windows for the relevant regulation. Default timeframes include 21 days for many responses (reg 13(6)), 14 days for award responses (reg 48(11)), 7 days for stop bullying and sexual harassment (regs 62(3), 62A(5)), and 14 days for appeal book lodgement (reg 102(10)). If deadlines are short, consider seeking a direction for shortened time under reg 13(5)-(7) or an extension under reg 36.

• If serving by email, send before 4.30 pm on a working day where same‑day service is required (reg 26(4)); otherwise expect next working-day service.

Discovery and evidence management

• If discovery is relevant, apply early or be prepared to meet discovery obligations when ordered. An application for a list of discoverable documents is made in chambers (reg 20(2)-(4)). If discovery is ordered, prepare a list and make discoverable documents available for inspection within the time specified (reg 20(2)(b)-(c)). Remember the continuing discovery obligation up to hearing (reg 20(12)) and that undisclosed documents generally cannot be used at hearing (reg 20(10)).

• Serve experts’ reports and witness statements within prescribed timeframes: experts generally 21 days before hearing (reg 45(2)); witness statements if ordered by the Commission (reg 43(1) and (4)-(5)). If you intend to cross-examine an expert, advise the serving party at least 7 days before the hearing (reg 45(6)).

Conferences, video‑link and costs

• Prepare to participate in compulsory conciliation or conferences; summonses to conferences may be given orally or by email (reg 30(3)). If seeking evidence by video-link or telephone, file the application specifying reasons, expected duration, facilities and an undertaking to meet costs (reg 44(1)-(3), (7)). Be ready to provide the Registrar with an undertaking regarding payment of costs and be aware the Commission may waive costs in whole or part (reg 44(7)-(8)).

Amendments, joinder and interventions

• File applications to amend documents formally (reg 17): include the distinguishing number, the amendment sought, grounds and reasons for late amendment where applicable (reg 17(2)).

• For joinder or intervention, follow the specific filing procedure: applications to join must be in approved form with grounds and served on the person to be joined and other parties (reg 18); interveners must give notice and, where practicable, five days’ notice and state grounds (reg 19).

Registrars’ delegations and reviews

• If the matter is delegated to a Registrar under reg 64, be aware of the short internal review timelines (apply within 7 days under reg 65(1)) and the 14‑day limit for conducting the review by the assigned Commissioner (reg 65(2)). Monitor the file closely when Registrars are performing delegated functions.

Organisation‑specific compliance

• Organisations and associations must file annual lists of officers and members in January (reg 78(1)), deliver itemised balance sheets accompanied by a statutory declaration (reg 79(1)-(2)), and notify change of office or address within 14 days (regs 78(3), 81). Failure to meet these filing duties can attract the small statutory fines prescribed by regs 79(2) and 81.

Right-of-entry permits

• For right-of-entry permit applications the secretary must include full name, signature copy, a current passport-style photograph, evidence of training and may be requested to provide a National Police Certificate (reg 77E(2)-(3)). The Commission may publish the application and invite submissions on fitness to hold a permit (reg 77E(6)). Maintain supporting records and ensure nominees have completed required training.

Appeals and Full BenchProcedure

• For Full Bench appeals, lodge an appeal book within 14 days that contains all items listed in reg 102(11A). If seeking a stay of the decision, file an application in approved form supported by a statutory declaration (reg 102(6)-(8)). Ensure transcription references, exhibits and other requested material are complete and legible (reg 102(11)-(12)).

General practices

• Keep detailed proof of service and ensure compliance with service modes allowed by reg 24. Where substituted service is required, file the application in the approved form and obtain any necessary order before relying on non‑personal service (reg 27).

• Check practice notes and the Commission’s website for updated approved forms, opening hours and addresses for electronic lodgement (reg 6(4); reg 12(1)-(2); reg 5). Practice notes become effective 14 days after publication (reg 39(3)).

Following this checklist reduces the chances of technical rejection or evidentiary exclusion. Where a procedural emergency arises, use the Commission’s power to abridge or extend time (reg 36) and to determine matters on the papers (reg 32A) but do so with formal applications and, where appropriate, a supporting statutory declaration or evidence.