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Industrial Relations Commission Rules 2022
3Originating process for proceedings
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#### 3 Originating process for proceedings
3.1 Originating process for proceedings
> > (1) The originating process for proceedings in the Commission must be in the approved form for the proceedings unless the Commission orders differently.
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> > (2) The originating process must—
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> > > (a) state that the proceedings may be heard by the Commission, and
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> > > (b) state that the respondent is liable to have a decision or an order made against the respondent, unless the respondent or the respondent’s representative attends before the Commission at the time and place stated in the originating process, and
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> > > (c) state that the respondent must, before the attendance, file a notice of appearance, and
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> > > (d) give the address of the Registry as the place for attendance.
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> > (3) The Commission, on the application of a respondent by notice of motion, may by order—
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> > > (a) set aside the originating process, or
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> > > (b) determine the Commission has no jurisdiction over the respondent in relation to the subject matter of the proceedings, or
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> > > (c) decline in its discretion to exercise its jurisdiction in the proceedings, or
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> > > (d) grant other relief the Commission considers appropriate.
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> > (4) If a respondent files a notice of motion without entering a notice of appearance, the notice must—
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> > > (a) include the words “The respondent’s address for service is” and state the address, and
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> > > (b) be filed within the required time for entering an appearance.
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> > (5) An application made under subrule (3) does not constitute a voluntary submission to jurisdiction.