Industrial Relations Commission Amendment Regulations (No. 2) 2009 (WA)

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16 June 2009 GOVERNMENT GAZETTE, WA 2189

INDUSTRIAL RELATIONS

IR301*

Industrial Relations Act 1979

Industrial Relations Commission Amendment

Regulations (No. 2) 2009

Made by the Chief Commissioner of the Western Australian Industrial
Relations Commission after consulting the members of the Commission.

1.            Citation

These regulations are the Industrial Relations Commission
Amendment Regulations (No. 2) 2009.

2.            Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day after that day.

3.            Regulations amended

may allow.
These regulations amend the Industrial Relations Commission
Regulations 2005.

4.            Regulation 101 amended

(1) Delete regulation 101(1) and (2) and insert:
(1) An appeal to the Commission made under the
Vocational Education and Training Act 1996
section 60F(8) or 60G(4) or under regulations made
under section 60(f)(ii) of that Act may be commenced
by lodging in the office of the Registrar a notice of
appeal in the form of Form 9A.
(2) The notice of appeal must be lodged within 14 days
from the date of the decision against which the appeal
is brought or such longer period as the Commission
2190 GOVERNMENT GAZETTE, WA 1( June 2009

(3A) The Registrar is to

(a)

serve a copy of the notice of appeal on each of the parties, other than the appellant; and

(b)

forward the notice of appeal to the Chief Commissioner for allocation, together with proof of service under paragraph (a).

(313) The appeal is not to be listed for hearing until

subregulation (3A) has been complied with.

(3C) An appeal against a decision does not stay the

operation of the decision unless the Commission orders

otherwise.

(2) Delete regulation 10 1(5) and insert:

(5) On determination of the appeal the Registrar is to
notify the parties to the appeal of the Commission's
decision.

Note: The heading to amended regulation 101 is to read:

Appeal under Vocational Education and Training Act 1996

5.            Schedule 1 amended

After Schedule 1 Form 8 insert:

Form 9k - Notice of appeal under Vocational Education and

Training Act 1996

[r. 101(1)]

Industrial Relations Act 1979

In the Western Australian Industrial Relations Commission

No. ................................. of 20........................

Notice of appeal under Vocational Education and TrainingAct 1996

To. .............................................................................................................................

(name, address and telephone number of respondent's)

TAKE NOTICE THAT

(name, address and telephone number of appellant's)
has this day instituted an appeal to the Commission against the decision given on
the .......................................... day of ............................................... 20..............
by the chief executive officer of the department principally assisting the Minister to
administer the Vocational Education and Training Act 1996

or

(state title of person who gave decision)

16 June 2009 GOVERNMENT GAZETTE, WA 2191

in respect of —

(state briefly the subject matter of the decision)

on the grounci/s set out in the attached schedule.

(signature of appellant/s)

This form must be completed by the appellant, sealed and, where necessary, sealed by him or her and a statement of the grounds of appeal must be attached.

(Stamp of Commission)

A. R. BEECH, Chief Commissioner,

Western Australian Industrial Relations Commission.

Date: II June 2009.

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