sec.133Record for particular appeals and WHS reviews

sec.133 Record for particular appeals and WHS reviews

This rule does not apply to an appeal mentioned in rule 132 (1) (d) . The record for the appeal or WHS review consists of the following— the application to appeal or the application for the WHS review; any of the following that is the subject of the appeal or WHS review— an order; an industrial instrument; a training contract; a registered training contract under the Further Education and Training Act 2014 ; a completion certificate under the Further Education and Training Act 2014 ; a qualification or statement of attainment as defined under the Further Education and Training Act 2014 , schedule 2 ; a declaration, variation of a declaration, or refusal to vary a declaration, of a prohibited employer under the Further Education and Training Act 2014 ; a decision, determination, direction or notice made or given under the Building and Construction Industry (Portable Long Service Leave) Act 1991 ; a directive given by the chief inspector under the Coal Mining Safety and Health Act 1999 , part 9 , division 5 ; a directive given by the chief inspector under the Mining and Quarrying Safety and Health Act 1999 , part 9 , division 5 ; a notice to show cause— given under rule 147 (2) or 231 (2) relating to the proceeding in which the decision was made; or given under section 265 (7) of the Act relating to the decision; or given under the Work Health and Safety Act 2011 , section 139 relating to the decision; any written representations made in response to a notice to show cause mentioned in paragraph (c) ; an information notice for the decision given under the following— the Child Employment Act 2006 , section 15 ; the Contract Cleaning Industry (Portable Long Service Leave) Act 2005 , section 69 (7) or 91 (7) (d) ; the Further Education and Training Act 2014 ; the Petroleum and Gas (Production and Safety) Act 2004 , section 799 ; a certificate of service under the Building and Construction Industry (Portable Long Service Leave) Act 1991 , section 47 relevant to the appeal; a copy of the application for reconsideration of a decision and any submissions properly made under the Contract Cleaning Industry (Portable Long Service Leave) Act 2005 , section 91 ; a certificate of competency, or a site senior executive notice, under the Coal Mining Safety and Health Act 1999 relevant to the appeal; a certificate of competency, or a site senior executive notice, under the Mining and Quarrying Safety and Health Act 1999 relevant to the appeal; a notice of proposed noncompliance action given under the Petroleum and Gas (Production and Safety) Act 2004 , section 796 that is relevant to the appeal; a copy of the application for compensation made under the Workers’ Compensation and Rehabilitation Act 2003 , section 132 ; the decision, including any notice of the decision and the reasons for the decision; if the decision was as a result of a review—the decision the subject of review, including any notice of the decision and any reasons for the decision; any published reasons for the decision; an industrial instrument or statement of principle mentioned in the decision; if the decision was made in a proceeding— a transcript or notes of oral evidence made in the proceeding; and any list of exhibits, and each exhibit, in the proceeding; and an affidavit or statement of evidence in the proceeding. The court or commission may direct that the record be supplemented by other material. Any party to the appeal or WHS review may seek a direction under subrule (3) . r 133 amd 2012 SL No. 103 s 41 ; 2014 SL No. 143 s 15 ; 2017 SL No. 26 s 41 ; 2021 SL No. 10 s 39 (sec.133-ssec.1) This rule does not apply to an appeal mentioned in rule 132 (1) (d) . (sec.133-ssec.2) The record for the appeal or WHS review consists of the following— the application to appeal or the application for the WHS review; any of the following that is the subject of the appeal or WHS review— an order; an industrial instrument; a training contract; a registered training contract under the Further Education and Training Act 2014 ; a completion certificate under the Further Education and Training Act 2014 ; a qualification or statement of attainment as defined under the Further Education and Training Act 2014 , schedule 2 ; a declaration, variation of a declaration, or refusal to vary a declaration, of a prohibited employer under the Further Education and Training Act 2014 ; a decision, determination, direction or notice made or given under the Building and Construction Industry (Portable Long Service Leave) Act 1991 ; a directive given by the chief inspector under the Coal Mining Safety and Health Act 1999 , part 9 , division 5 ; a directive given by the chief inspector under the Mining and Quarrying Safety and Health Act 1999 , part 9 , division 5 ; a notice to show cause— given under rule 147 (2) or 231 (2) relating to the proceeding in which the decision was made; or given under section 265 (7) of the Act relating to the decision; or given under the Work Health and Safety Act 2011 , section 139 relating to the decision; any written representations made in response to a notice to show cause mentioned in paragraph (c) ; an information notice for the decision given under the following— the Child Employment Act 2006 , section 15 ; the Contract Cleaning Industry (Portable Long Service Leave) Act 2005 , section 69 (7) or 91 (7) (d) ; the Further Education and Training Act 2014 ; the Petroleum and Gas (Production and Safety) Act 2004 , section 799 ; a certificate of service under the Building and Construction Industry (Portable Long Service Leave) Act 1991 , section 47 relevant to the appeal; a copy of the application for reconsideration of a decision and any submissions properly made under the Contract Cleaning Industry (Portable Long Service Leave) Act 2005 , section 91 ; a certificate of competency, or a site senior executive notice, under the Coal Mining Safety and Health Act 1999 relevant to the appeal; a certificate of competency, or a site senior executive notice, under the Mining and Quarrying Safety and Health Act 1999 relevant to the appeal; a notice of proposed noncompliance action given under the Petroleum and Gas (Production and Safety) Act 2004 , section 796 that is relevant to the appeal; a copy of the application for compensation made under the Workers’ Compensation and Rehabilitation Act 2003 , section 132 ; the decision, including any notice of the decision and the reasons for the decision; if the decision was as a result of a review—the decision the subject of review, including any notice of the decision and any reasons for the decision; any published reasons for the decision; an industrial instrument or statement of principle mentioned in the decision; if the decision was made in a proceeding— a transcript or notes of oral evidence made in the proceeding; and any list of exhibits, and each exhibit, in the proceeding; and an affidavit or statement of evidence in the proceeding. (sec.133-ssec.3) The court or commission may direct that the record be supplemented by other material. (sec.133-ssec.4) Any party to the appeal or WHS review may seek a direction under subrule (3) .