sec.8Starting proceedings

sec.8 Starting proceedings

A proceeding must be started by an application in the approved form. See rule 4 . However, subrule (1) does not apply— to a proceeding started by a notice of appeal under an appeal Act; or if the court, commission, registrar or these rules require otherwise; or to a proceeding started on the initiative of the commission or registrar; or For proceedings started on the initiative of the commission, see rule 99 . to a proceeding started as directed by the Minister under the Act ; or to a proceeding arising out of the giving of a notice of industrial dispute under section 261 of the Act ; or to a proceeding started by a complaint referral. For these rules, each of the following is a document starting a proceeding— an application to appeal; a notice of appeal under an appeal Act; a complaint referral. A notice of appeal under an appeal Act must— for an appeal to the commission under the Workers’ Compensation and Rehabilitation Act 2003 —be in the WCR approved form; or otherwise—be in the approved form. A complaint referral must be in the approved form. A proceeding, other than a proceeding started by a notice of appeal under an appeal Act or an application for a WHS review, starts when the document starting the proceeding— is filed or otherwise received under the Act or these rules; or for a document issued by the court, commission or registrar—is issued. A proceeding started by a notice of appeal under an appeal Act, or an application for a WHS review under the Work Health and Safety Act 2011 , starts as provided under that Act. In this rule— WCR approved form means an approved form for use for notices of appeal to the commission under the Workers’ Compensation and Rehabilitation Act 2003 . r 8 amd 2013 SL No. 73 s 4 ; 2017 SL No. 26 s 6 (sec.8-ssec.1) A proceeding must be started by an application in the approved form. See rule 4 . (sec.8-ssec.2) However, subrule (1) does not apply— to a proceeding started by a notice of appeal under an appeal Act; or if the court, commission, registrar or these rules require otherwise; or to a proceeding started on the initiative of the commission or registrar; or For proceedings started on the initiative of the commission, see rule 99 . to a proceeding started as directed by the Minister under the Act ; or to a proceeding arising out of the giving of a notice of industrial dispute under section 261 of the Act ; or to a proceeding started by a complaint referral. (sec.8-ssec.3) For these rules, each of the following is a document starting a proceeding— an application to appeal; a notice of appeal under an appeal Act; a complaint referral. (sec.8-ssec.4) A notice of appeal under an appeal Act must— for an appeal to the commission under the Workers’ Compensation and Rehabilitation Act 2003 —be in the WCR approved form; or otherwise—be in the approved form. (sec.8-ssec.5) A complaint referral must be in the approved form. (sec.8-ssec.6) A proceeding, other than a proceeding started by a notice of appeal under an appeal Act or an application for a WHS review, starts when the document starting the proceeding— is filed or otherwise received under the Act or these rules; or for a document issued by the court, commission or registrar—is issued. A proceeding started by a notice of appeal under an appeal Act, or an application for a WHS review under the Work Health and Safety Act 2011 , starts as provided under that Act. (sec.8-ssec.7) In this rule— WCR approved form means an approved form for use for notices of appeal to the commission under the Workers’ Compensation and Rehabilitation Act 2003 .