Industrial Relations (Tribunals) Rules 2011
sec.58Issue of attendance notices
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sec.58 Issue of attendance notices
On the request of a party, a member of the commission or the registrar may issue an attendance notice to a person. A member of the commission or the registrar may refuse a request of a party to issue an attendance notice requiring a person, who is a non-party to the proceeding, to produce a stated document if satisfied— the party could require the production of the document under subdivision 7A ; and the party has not made reasonable attempts, under subdivision 7A , to obtain the document. On the direction of a member of the commission, the registrar must issue an attendance notice to a person. For subrule (1) , a request for an attendance notice must— be in the approved form; and state the name or designation by office or position of the person to whom the attendance notice is directed, unless the court, commission or registrar otherwise directs; and be filed; and be accompanied by a draft of the attendance notice, in the approved form, that is requested. An attendance notice, other than an attendance notice for a compulsory conference, may only be directed to a single person. The name or designation by office or position of the person to whom an attendance notice is directed must be stated in the notice before it is issued. r 58 amd 2014 SL No. 143 s 11 ; 2017 SL No. 26 s 12 (sec.58-ssec.1) On the request of a party, a member of the commission or the registrar may issue an attendance notice to a person. (sec.58-ssec.2) A member of the commission or the registrar may refuse a request of a party to issue an attendance notice requiring a person, who is a non-party to the proceeding, to produce a stated document if satisfied— the party could require the production of the document under subdivision 7A ; and the party has not made reasonable attempts, under subdivision 7A , to obtain the document. (sec.58-ssec.3) On the direction of a member of the commission, the registrar must issue an attendance notice to a person. (sec.58-ssec.4) For subrule (1) , a request for an attendance notice must— be in the approved form; and state the name or designation by office or position of the person to whom the attendance notice is directed, unless the court, commission or registrar otherwise directs; and be filed; and be accompanied by a draft of the attendance notice, in the approved form, that is requested. (sec.58-ssec.5) An attendance notice, other than an attendance notice for a compulsory conference, may only be directed to a single person. (sec.58-ssec.6) The name or designation by office or position of the person to whom an attendance notice is directed must be stated in the notice before it is issued.
- (a) the party could require the production of the document under subdivision 7A ; and
- (b) the party has not made reasonable attempts, under subdivision 7A , to obtain the document.
- (a) be in the approved form; and