Industrial Relations Commission Amendment Regulations (No. 2) 2002 (WA)

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13 September 2002	GOVERNMENT GAZETTE, WA	4649
Industrial Relations Act 1979

Industrial Relations Commission Amendment

Regulations (No. 2) 2002

Made by the Chief Commissioner of the Western Australian Industrial
Relations Commission after consultation with the members of the
Commission.
1.             Citation

These regulations may be cited as the Industrial Relations
Commission Amendment Regulations (No. 2) 2002.
2.             Commencement
These regulations come into operation on the day on which section 4 of the Labour Relations Reform Act 2002 comes into operation.
3.             The regulations amended

The amendments in these regulations are to the Industrial
Relations Commission Regulations 1985*.
[* Reprinted 24 March 1998.
For amendments to 5 September 2002 see 2001 Index to
Legislation of Western Australia, Table 4, p. 176 and Gazette
2 August 2002.]

4. Part XVA inserted
After regulation 110 the following Part is inserted —
“
Part XVA — Applications and appeals under

Part VID Division 9 of the Act

Division 1 — Applications

110A. Establishing that proposed representative is
qualified and consents to an application under
section 97WV or 97XM

(1) Where an application is made under section 97WV or
97XM of the Act the Registrar is to meet with the
person sought to be approved as a representative for the
purpose of satisfying himself that the person —

(a) fulfils the requirements of section 97WY; and
(b) consents to the application being made.

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(2) The consent of the person that forms part of the
application is to be signed by him in the presence of the
Registrar and the Registrar is to sign an attestation on
the application form that this has occurred.
(3) The person must also supply such information and
evidence for the purposes of subregulation (1)(a) as the
Registrar may request.

110B. Notice of application for approval to be given to
employer

(1) If an application under section 97WV of the Act
identifies a person who will be the employer of the
person with a mental disability if a proposed EEA takes
effect, the Registrar must give notice in writing to that
prospective employer of the making of the application.
(2) If an application under section 97XM of the Act
identifies a person who —

(a)

is the employer of the person with a mental disability under an EEA; or

(b)

will be the employer of the person with a mental disability if a proposed EEA takes effect,
the Registrar must give notice in writing to that
employer or prospective employer of the making of the
application.

(3) A notice under subregulation (1) or (2) is to be given
within 7 days after the application is filed.

110C. Application to Guardianship and Administration
Board for revocation of approval

(1)

An application to the Guardianship and Administration Board for a revocation order under section 97XI of the Act is to be made in accordance with this regulation,
and not otherwise.
(2) A completed application in accordance with Form 38 is
to be lodged in the office of the Registrar.
(3) The Registrar is to send to the Guardianship and
Administration Board —

(a) the application referred to in subregulation (2);

(b)

the Registrar’s file relating to the making of the order that is sought to be revoked; and

(c)

any other document in the possession of the Registrar that he considers relevant.

(4) The Registrar is to ensure that the documents referred
to in subregulation (3) are received by the
Guardianship and Administration Board not later than

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4651

the fifth day after the application was lodged on which the office of the Registrar is open to the public for the transaction of business.

(5) The application is made to the Guardianship and
Administration Board when it receives the documents
referred to in subregulation (3).

110D. Notice of application for revocation of approval to
be given to employer

(1) If an application under section 97XI of the Act
identifies a person who is the employer of the person
with a mental disability, the Registrar must give notice
in writing to that employer of the making of the
application to the Guardianship and Administration
Board.
(2) A notice under subregulation (1) is to be given within
7 days after the Registrar is informed that the
application has been received by the Board.

110E. Notice of order or refusal to make order to be given
to employer

(1) If notice of an application was required to be given to
an employer or a prospective employer under
regulation 110B or 110D, the Registrar must give
notice in writing to that employer or prospective
employer of —

(a)

the making of an order under section 97WZ(1), 97XK(1) or 97XN(1) on the application; or

(b)

a refusal under section 97XA, 97XK(3) or 97XP to make an order on the application.

(2) A notice under subregulation (1) is to be given within
7 days after the order is made or refused.

Division 2 — Appeals

110F. Appeal against refusal to give approval
An appeal to the Commission under section 97XB or
97XQ is to be commenced by the filing in the office of
the Registrar of an appeal notice in the form of
Form 39.
110G. Service of appeal notice

(1)

If an appeal notice is filed the Registrar is to serve a copy of the notice on each of the following persons (“an interested person”) —

(a)

the person with a mental disability if he is not the appellant;

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13 September 2002

(b)

the applicant in the application to which the appeal relates if he is not the appellant;
(c) the proposed representative; and

(d)

an employer or a prospective employer to whom notice of the application to which the appeal relates was given.

(2) The appeal is not to be listed for hearing until each
interested person has been served with a copy of the
appeal notice.

110H. Person served entitled but not required to be heard

(1) An interested person is entitled to be heard at the
hearing of the appeal, but it is not necessary for him to
file any document in the proceedings or to appear or be
heard at the hearing unless he wishes to do so.
(2) If an interested person wishes to be heard at the hearing
of the appeal he must —

(a) file a notice of intention to be heard; and

(b)

serve a copy of the notice on the appellant and any other interested person,
within 14 days after he is served with a copy of the
appeal notice.

(3) An interested person who has not given notice under
subregulation (2) is not to be heard at the hearing of the
appeal without leave of the Commissioner hearing the
appeal.

110I. Registrar to provide records to Commissioner
Where an appeal is brought against the refusal of the
Registrar to approve a representative, the Registrar is to
give to the Commissioner hearing the appeal the
Registrar’s file relating to the application to which the
appeal relates.

”.

5.
Schedule amended following forms —

“

Form 38

[r. 110C]

Industrial Relations Act 1979
Part VID — Employer-employee agreements

section 97XI

APPLICATION FOR AN ORDER REVOKING THE
APPROVAL OF A REPRESENTATIVE [AND REQUEST FOR

APPROVAL OF NEW REPRESENTATIVE]1

1 delete words in brackets if approval of a new representative is not sought

13 September 2002

GOVERNMENT GAZETTE, WA

4653

To the Guardianship and Administration Board

SECTION A: APPLICATION

1. I HEREBY —

(a)
APPLY for an order under section 97XK of the Act revoking the • by the Registrar on .................... under section [97WZ(1)]
[97XN(1)] of the Act;

• by the Guardianship and Administration Board on ……….. in exercise of the power in section 97XK(2) of the Act,
approving the representative specified in Section D to act for
[the represented person specified in Section E] or [for me];
and

(b) 2REQUEST the Guardianship and Administration Board to
exercise its jurisdiction under section 97XK(2) to appoint a new
representative [for the represented person] or [for me].

2.
OR
I am making this application as the represented person. relationship with him/her is .......................................................................... OR
3I am making this application as a person having a sufficient interest in

the matter, namely ........................................................................................
.......................................................................................................................

(set out the nature of the interest)

and accordingly I ALSO APPLY for a determination under
section 97XI(2)(b) that I have a sufficient interest to make this application.
3.     4I [have] [have not] informed the represented person that I am making this
application.
4.    The represented person [supports] [does not support] this application.
5.     5The consent of the person proposed for approval as the new
representative is attached.
6.    The person proposed for approval is —

(a) the spouse of; or
(b) closely associated with6,
the represented person specified in Section E.
OR (if application is made by the represented person) —
The person proposed for approval is —

(a) my spouse; or
(b) closely associated with me7.
7.    I certify that the information and details given in this application are true and correct.

Signature of applicant .......................................................
2 delete if approval of a new representative is not sought
3 this paragraph does not apply if the application is made by the represented person or a person
acting on his or her behalf
4delete this and the following paragraph if the application is made by the represented person
5 delete if a request is not made under paragraph 1(b)
6 paragraph (b) only applies if the proposed representative —
(a) regularly provides or arranges for domestic services or support to; or
(b) maintains a close personal relationship with,
the represented person (see s. 97XN(1)(d)(i) and 97WY(1)(b) and (2) of the Act)
7 see footnote 5

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SECTION B: GROUND(S) AND REASONS8
1. The application for a revocation order is made on the following ground(s)9 —

(a) or
that [the represented person is] [I am] no longer a person who making reasonable decisions on matters pertaining to an employer-employee relationship;

(b) that the representative has failed to act in [the best interests of the represented person] or [my best interests];
(c) that it is for some other reason no longer in [the interests of the represented person] or [my best interests] for the representative to act on [his or her] or [my] behalf.
2. The reason(s) for my belief that the ground(s) exist(s) (is) are — 10 ....................................................................................................................... .......................................................................................................................

8 see section 97XI(3) of the Act
9 delete any provision(s) that is (are) not applicable
10 state the reason(s) briefly and attach relevant documents if desired

SECTION C: DETAILS OF APPLICANT

Full name ...........................................................................................................
Address ..............................................................................................................
Date of birth11 ....................................................................................................
Tel no ............................. Fax no ......................................................................
Email address ....................................................................................................
11 only required if the represented person is the applicant

SECTION D: DETAILS OF REPRESENTATIVE

Full name ...............................................................................................................
Address ..................................................................................................................
Tel no ......................................... Fax no ...............................................................
Email address ........................................................................................................

SECTION E: DETAILS OF REPRESENTED PERSON12

Full name ..............................................................................................................
Address .................................................................................................................
Date of birth .........................................................................................................
Male/female .........................................................................................................
Tel no .............................................. Fax no .......................................................
Email address ......................................................................................................
12 delete this section if the application is made by the represented person

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SECTION F: DETAILS OF PROPOSED NEW REPRESENTATIVE13

Full name ...............................................................................................................
Address ..................................................................................................................
Date of birth ...........................................................................................................
Male/female ...........................................................................................................
Tel no .......................................................... Fax no ..............................................
Email address .........................................................................................................
13 delete this section if approval of a new representative is not sought

SECTION G: DETAILS OF EMPLOYER14

Full name ...............................................................................................................
Address ..................................................................................................................
Tel no ......................................... Fax no ...............................................................
Email address ........................................................................................................
14 delete if there is no EEA in force

SECTION H: DETAILS OF ANY OTHER INTERESTED PERSON15

Full name ...............................................................................................................
Address ..................................................................................................................
Tel no ......................................... Fax no ...............................................................
Email address .........................................................................................................
Relationship to the represented person ..................................................................
Have you informed the person of this application? yes/no
Does the person support the application? yes/no/don’t know
15 this applies to any other person who has an interest in or close involvement with the
represented person so that the Guardianship and Administration Board can consider if the person
should receive notice of the hearing before the Board; if there is more than one such person
attach a separate sheet

Form 39

[r. 110F]

Industrial Relations Act 1979

Part VID — Employer-employee agreements

sections 97XB and 97XQ

In the Western Australian Industrial Relations Commission

No. of 20

APPEAL AGAINST REFUSAL OF APPROVAL

To the Western Australian Industrial Relations Commission

I, .........................................................................................................................

(name of appellant)

HEREBY APPEAL to the Commission against the refusal of the Registrar on
the ............... day of .................................................... 20 ..........,
to approve ..........................................................................................................

(full name of proposed representative)

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GOVERNMENT GAZETTE, WA

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to act as [my representative] [the representative of
...........................................................................................................................]

(full name of person with a mental disability)

for the purposes of Part VID Division 9 of the Act.
This appeal is brought on the following grounds —
............................................................................................................................
............................................................................................................................
............................................................................................................................
............................................................................................................................
............................................................................................................................
............................................................................................................................
(State the grounds relied on in support of the appeal; attach a separate page if
necessary;
THE GROUNDS MUST BE RELATED TO, AND ADDRESS, THE REASONS
GIVEN BY THE REGISTRAR FOR THE REFUSAL).

............................................................................... Date: ...........................
(signature of appellant)
A copy of this appeal notice is to be served on the following persons under regulation 110G of the Industrial Relations Commission Regulations 1985 —

• the person with a mental disability named above1
• ................................................................................................. 2
(name of applicant in the application to which the appeal relates)
• the proposed representative named above
• ..................................................................................................
(name of any [prospective] employer who was given notice of the
application to which the appeal relates)

1 delete if the person with a mental disability is the appellant
2 delete if the person who applied for approval is the appellant
............................................................................................
Registrar

”.

Dated the 11th day of September 2002.
W. S. COLEMAN, Chief Commissioner,
The Western Australian Industrial Relations Commission.

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Industrial Relations Commission Amendment Regulations (No. 2) 2002 (WA)

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4.	Part XVA inserted After regulation 110 the following Part is inserted —
“

110A.	Establishing that proposed representative is qualified and consents to an application under section 97WV or 97XM
(1)	Where an application is made under section 97WV or 97XM of the Act the Registrar is to meet with the person sought to be approved as a representative for the purpose of satisfying himself that the person —

(a)	fulfils the requirements of section 97WY; and
(b)	consents to the application being made.

(2)	The consent of the person that forms part of the application is to be signed by him in the presence of the Registrar and the Registrar is to sign an attestation on the application form that this has occurred.
(3)	The person must also supply such information and evidence for the purposes of subregulation (1)(a) as the Registrar may request.
110B.	Notice of application for approval to be given to employer
(1)	If an application under section 97WV of the Act identifies a person who will be the employer of the person with a mental disability if a proposed EEA takes effect, the Registrar must give notice in writing to that prospective employer of the making of the application.
(2)	If an application under section 97XM of the Act identifies a person who —

(a)	is the employer of the person with a mental disability under an EEA; or
(b)	will be the employer of the person with a mental disability if a proposed EEA takes effect,

(3)	A notice under subregulation (1) or (2) is to be given within 7 days after the application is filed.
110C.	Application to Guardianship and Administration Board for revocation of approval
(1)	An application to the Guardianship and Administration Board for a revocation order under section 97XI of the Act is to be made in accordance with this regulation,
and not otherwise.
(2)	A completed application in accordance with Form 38 is to be lodged in the office of the Registrar.
(3)	The Registrar is to send to the Guardianship and Administration Board —

(a)	the application referred to in subregulation (2);
(b)	the Registrar’s file relating to the making of the order that is sought to be revoked; and
(c)	any other document in the possession of the Registrar that he considers relevant.

(5)	The application is made to the Guardianship and Administration Board when it receives the documents referred to in subregulation (3).
110D.	Notice of application for revocation of approval to be given to employer
(1)	If an application under section 97XI of the Act identifies a person who is the employer of the person with a mental disability, the Registrar must give notice in writing to that employer of the making of the application to the Guardianship and Administration Board.
(2)	A notice under subregulation (1) is to be given within 7 days after the Registrar is informed that the application has been received by the Board.
110E.	Notice of order or refusal to make order to be given to employer
(1)	If notice of an application was required to be given to an employer or a prospective employer under regulation 110B or 110D, the Registrar must give notice in writing to that employer or prospective employer of —

(a)	the making of an order under section 97WZ(1), 97XK(1) or 97XN(1) on the application; or
(b)	a refusal under section 97XA, 97XK(3) or 97XP to make an order on the application.

110F.	Appeal against refusal to give approval
An appeal to the Commission under section 97XB or 97XQ is to be commenced by the filing in the office of the Registrar of an appeal notice in the form of Form 39.
110G.	Service of appeal notice
(1)	If an appeal notice is filed the Registrar is to serve a copy of the notice on each of the following persons (“an interested person”) —

(b)	the applicant in the application to which the appeal relates if he is not the appellant;
(c)	the proposed representative; and
(d)	an employer or a prospective employer to whom notice of the application to which the appeal relates was given.

(2)	The appeal is not to be listed for hearing until each interested person has been served with a copy of the appeal notice.
110H.	Person served entitled but not required to be heard
(1)	An interested person is entitled to be heard at the hearing of the appeal, but it is not necessary for him to file any document in the proceedings or to appear or be heard at the hearing unless he wishes to do so.
(2)	If an interested person wishes to be heard at the hearing of the appeal he must —

(a)	file a notice of intention to be heard; and
(b)	serve a copy of the notice on the appellant and any other interested person,

(3)	An interested person who has not given notice under subregulation (2) is not to be heard at the hearing of the appeal without leave of the Commissioner hearing the appeal.
110I.	Registrar to provide records to Commissioner Where an appeal is brought against the refusal of the Registrar to approve a representative, the Registrar is to give to the Commissioner hearing the appeal the Registrar’s file relating to the application to which the appeal relates.

(b)	2REQUEST the Guardianship and Administration Board to
exercise its jurisdiction under section 97XK(2) to appoint a new representative [for the represented person] or [for me].

(b)	that the representative has failed to act in [the best interests of the represented person] or [my best interests];
(c)	that it is for some other reason no longer in [the interests of the represented person] or [my best interests] for the representative to act on [his or her] or [my] behalf.

...............................................................................	Date: ...........................
(signature of appellant)

•	the person with a mental disability named above1
•	................................................................................................. 2 (name of applicant in the application to which the appeal relates)
•	the proposed representative named above
•	..................................................................................................
(name of any [prospective] employer who was given notice of the application to which the appeal relates)