118AReferral under Police Regulation 2025

118A Referral under Police Regulation 2025

118A Referral under Police Regulation 2025

(1) A referral, under the Police Regulation 2025, section 137, of a dispute to the President for determination by the Commission must be made by an application to the President.

(2) The President must not accept the application unless—

(a) the application is accompanied by a certificate signed by the applicant, or the applicant’s Australian legal practitioner or agent, stating the dispute is not prevented from being referred for determination by the Commission by the operation of the Police Regulation 2025, section 138, and

(b) the President is satisfied the dispute is not prevented from being referred.

(3) The applicant must, within 7 days of registration of the application, serve a sealed copy of the application on the respondent and the other parties.

(4) The respondent must, within 21 days of registration of the application, lodge a reply to the application and serve a sealed copy of the reply on the applicant and the other parties.

(5) If the respondent does not lodge a reply in accordance with subrule (4) and the applicant has not lodged a certificate of service for the application—

(a) the proceedings against the respondent are taken to be struck out, and

(b) no further steps may be taken in the proceedings unless the proceedings are restored.

(6) In this rule—

certificate of service, for an application, means a certificate certifying the application has been served on the respondent in accordance with subrule (3).

rule 118A: Ins 2025 (708), Sch 1[14]. Am 2026 (116), Sch 1.2[4] [6] [7].