Industrial Relations (General) Amendment (Fees) Regulation 2006 (NSW)
2006 No 364
New South Wales
Industrial Relations (General)
Amendment (Fees) Regulation 2006
under the
Industrial Relations Act 1996
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Industrial Relations Act 1996.
JOHN DELLA BOSCA, M.L.C., Minister for Industrial Relations
Explanatory note
The object of this Regulation is to increase certain fees that the Industrial Relations
Commission currently charges.
This Regulation is made under the Industrial Relations Act 1996, including section 183
(Regulations relating to fees).
| Published in Gazette No 84 of 30 June 2006, page 4834 | Page 1 |
| 2006 No 364 | |
| Clause 1 | Industrial Relations (General) Amendment (Fees) Regulation 2006 |
Industrial Relations (General) Amendment (Fees)
Regulation 2006
under the
Industrial Relations Act 1996
1 Name of Regulation
This Regulation is the Industrial Relations (General) Amendment
(Fees) Regulation 2006.
2 Commencement
This Regulation commences on 1 July 2006.
3 Amendment of Industrial Relations (General) Regulation 2001
The Industrial Relations (General) Regulation 2001 is amended as set out in Schedule 1.
2006 No 364
Industrial Relations (General) Amendment (Fees) Regulation 2006
| Amendment | Schedule 1 |
| Schedule 1 | Amendment |
(Clause 3)
Schedule 1
Omit the Schedule. Insert instead:
Schedule 1 Commission fees
(Clause 23A)
Fees for proceedings before Commission in Court Session
Column 1 Column 2 Column 3
Matter for which fee payable Standard fee Corporation
fee
1 Filing an application under Division 2 of Part 9 $659 $1,318 of Chapter 2 of the Act 2 Filing notice of leave to appeal to the Full $732 $1,464 Bench of the Commission under section 187 of
the Act in relation to a decision of the
Commission under Division 2 of Part 9 of
Chapter 2 of the Act3 Filing an application for an order under section $659 $1,318 246 of the Criminal Procedure Act 1986 in
respect of an offence taken before the
Commission:
(a)
under section 397 (1) (b) of the Industrial Relations Act 1996, or
(b)
under section 105 (1) (b) of the Occupational Health and Safety Act 2000
4 Filing notice of leave to appeal to the Full $194 $388 Bench of the Commission under section
197 (1) (a), (b) or (c) of the Act in respect of a
decision of a Local Court
2006 No 364
Industrial Relations (General) Amendment (Fees) Regulation 2006
| Schedule 1 | Amendment |
Fees for proceedings before Commission in Court Session
Column 1 Column 2 Column 3
Matter for which fee payable Standard fee Corporation
fee
5 Filing a notice of motion under Rule 68 of the $152 $304 IRC Rules in any of the following proceedings:
(a)
proceedings under Division 2 of Part 9 of Chapter 2 of the Act
(b)
proceedings on an appeal to the Full Bench of the Commission under section 187 of the Act in relation to a decision of the Commission under Division 2 of Part 9 of Chapter 2 of the Act
(c)
proceedings for an offence taken before the Commission:
(i)
under section 397 (1) (b) of the Act, or
(ii)
under section 105 (1) (b) of the Occupational Health and Safety Act 2000
(d)
proceedings on an appeal to the Full Bench of the Commission under section 197 (1) (a), (b) or (c) of the Act in respect of a decision of a Local Court
6 For allocation of a date for hearing in relation $1,257 $2,514 to:
(a)
proceedings under Division 2 of Part 9 of Chapter 2, or
(b)
proceedings on an appeal to the Full Bench of the Commission under section 187 of the Act in relation to a decision of the Commission under Division 2 of Part 9 of Chapter 2 of the Act
7 For the hearing of proceedings under Division $234 $468 2 of Part 9 of Chapter 2 of the Act, for each half
day of hearing on or after the 11th dayNote. For the purposes of this item, a half day comprises a period of 3 hours or less, such period to include any adjournment of less than half an hour.
2006 No 364
Industrial Relations (General) Amendment (Fees) Regulation 2006
| Amendment | Schedule 1 |
Fees for proceedings before Commission otherwise than in Court Session
| Column 1 | Column 2 | Column 3 |
| Matter for which fee payable | Standard fee Corporation |
fee
| 1 | Filing an application under section 84 of the Act | $56 | — |
| 2 | Filing notice of leave to appeal to the Full Bench | $194 | $388 |
| of the Commission under section 187 of the Act in relation to a decision of the Commission under Part 6 of Chapter 2 of the Act |
Miscellaneous fees
| Column 1 | Column 2 | Column 3 |
| Matter for which fee payable | Standard fee Corporation |
fee
| 1 | Issuing a summons for production, or for | $57 | $114 |
| production and to give evidence | |||
| 2 | Issuing a summons to give evidence | $29 | $58 |
| 3 | Opening or keeping open the registry or part of the registry: |
(a) on a Saturday, Sunday or public holiday, or $523 $1,046 (b) on any other day:
(i) before 8.30am or after 4.30pm $523 $1,046 (ii) between 8.30am and 9.00am or $55 $110 between 4.00pm and 4.30pm
| 4 | Furnishing a certified copy of a judgment or order, | $57 | $114 |
| or of the written opinion or reasons for opinion of any member of the Commission or the Industrial Registrar | |||
| Note. Fees under this item are not chargeable to any party to proceedings in respect of the first such copy that is supplied to that party. | |||
| 5 | Furnishing an uncertified copy of a judgment or | $32 | $64 |
| order, or of the written opinion or reasons for opinion of any member of the Commission or the Industrial Registrar | |||
| Note. Fees under this item are not chargeable to any party to proceedings in respect of the first such copy that is supplied to that party. |
2006 No 364
Industrial Relations (General) Amendment (Fees) Regulation 2006
| Schedule 1 | Amendment |
Miscellaneous fees
| Column 1 | Column 2 | Column 3 |
| Matter for which fee payable | Standard fee Corporation |
fee
| 6 | Making a copy of any document (otherwise than | $10, plus an | — |
| as provided for by items 4 and 5) | additional $2 | ||
| Note 1. Fees under this item are not chargeable to any | per page after | ||
| person in respect of whom the Director-General of the | the first | ||
| Department of Commerce, or the President of the | 5 pages | ||
| Anti-Discrimination Board, has authorised the making of such a copy without charge. Note 2. Fees under this item are chargeable to an industrial organisation or association registered under Chapter 5 of the Act. | |||
| 7 | Supplying a duplicate tape recording of | $37 per | — |
| sound-recorded evidence | cassette | ||
| Note 1. Fees under this item are not chargeable to any person to whom the Director-General of the Department of Commerce, or the President of the Anti-Discrimination Board, has authorised the supply of such a recording | |||
| without charge. Note 2. Fees under this item are chargeable to an industrial organisation or association registered under Chapter 5 of the Act. | |||
| 8 | Supplying a copy of the transcript of any proceedings: |
(a) where the matter being transcribed is under $68, plus an — 3 months old additional
$8.20 per page
after the first
8 pages(b) where the matter being transcribed is $81, plus an — 3 months old or older additional
$9.30 per page
after the first
8 pagesNote 1. Fees under this item are not chargeable to any person to whom the Director-General of the Department of Commerce, or the President of the Anti-Discrimination Board, has authorised the supply of such a copy without charge.
Note 2. Fees under this item are chargeable to an
industrial organisation or association registered under
Chapter 5 of the Act.
2006 No 364
Industrial Relations (General) Amendment (Fees) Regulation 2006
| Amendment | Schedule 1 |
Miscellaneous fees
| Column 1 | Column 2 | Column 3 |
| Matter for which fee payable | Standard fee Corporation |
fee
| 9 | For retrieval from archives of any document or file | $57 | $114 |
| 10 | Providing any service for which a fee is not | $31 | $62 |
| otherwise imposed by this Schedule | |||
| Note. A fee may not be imposed under this item except with the approval of the Industrial Registrar. |
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