Industrial Relations (General) Amendment (Fees) Regulation 2007 (NSW)
2007 No 289
New South Wales
Industrial Relations (General)
Amendment (Fees) Regulation 2007
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 objects of this Regulation are:
| (a) | to increase certain fees that the Industrial Relations Commission currently charges, and |
| (b) | to make it clear that the party to a proceeding and a solicitor for that party are jointly and severally liable for the payment of certain fees. |
This Regulation is made under the Industrial Relations Act 1996, including section 183
(Regulations relating to fees).
| Published in Gazette No 83 of 29 June 2007, page 4058 | Page 1 |
| 2007 No 289 | |
| Clause 1 | Industrial Relations (General) Amendment (Fees) Regulation 2007 |
Industrial Relations (General) Amendment (Fees)
Regulation 2007
under the
Industrial Relations Act 1996
1 Name of Regulation
This Regulation is the Industrial Relations (General) Amendment
(Fees) Regulation 2007.
2 Commencement
This Regulation commences on 1 July 2007.
3 Amendment of Industrial Relations (General) Regulation 2001
The Industrial Relations (General) Regulation 2001 is amended as set out in Schedule 1.
2007 No 289
Industrial Relations (General) Amendment (Fees) Regulation 2007
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 3)
[1] Clauses 23B (2), 23D (2) and 23E (2)
Insert “solicitor or” after “acting as” wherever occurring.
[2] Schedule 1 Commission fees
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 $685 $1,370 9 of Chapter 2 of the Act 2 Filing notice of leave to appeal to the Full $761 $1,522 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 $685 $1,370 section 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 $202 $404 Bench of the Commission under section 197
(1) (a), (b) or (c) of the Act in respect of a
decision of a Local Court
2007 No 289
Industrial Relations (General) Amendment (Fees) Regulation 2007
| Schedule 1 | Amendments |
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 $158 $316 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 Industrial Relations Act 1996, 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 $1,307 $2,614 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 $243 $486 2 of Part 9 of Chapter 2 of the Act, for each half day of hearing on or after the 11th day
Note. 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.
2007 No 289
Industrial Relations (General) Amendment (Fees) Regulation 2007
| Amendments | 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 $58 — Act 2 Filing notice of leave to appeal to the Full $202 $404 Bench 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
ActMiscellaneous fees
Column 1 Column 2 Column 3
Matter for which fee payable Standard fee Corporation
fee
1 Issuing a summons for production, or for $59 $118 production and to give evidence 2 Issuing a summons to give evidence $30 $60 3
Opening or keeping open the registry or part of the registry:
(a) on a Saturday, Sunday or public $544 $1,088 holiday, or (b) on any other day:
(i) before 8.30am or after 4.30pm $544 $1,088 (ii) between 8.30am and 9.00am or $57 $114 between 4.00pm and 4.30pm
4 Furnishing a certified copy of a judgment or $59 $118 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.
2007 No 289
Industrial Relations (General) Amendment (Fees) Regulation 2007
| Schedule 1 | Amendments |
Miscellaneous fees
Column 1 Column 2 Column 3
Matter for which fee payable Standard fee Corporation
fee
5 Furnishing an uncertified copy of a judgment $33 $66 or order, or of the written opinion or reasons
for opinion of any member of the Commission
or the Industrial RegistrarNote. 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.
6 Making a copy of any document (otherwise $10, plus an — than as provided for by items 4 and 5) additional $2 Note 1. Fees under this item are not chargeable to per page after any person in respect of whom the Director-General the first 5 of the Department of Commerce, or the President of pages making of such a copy without charge.
the Anti-Discrimination Board, has authorised the industrial organisation or association registered under Chapter 5 of the Act.
7 Supplying a duplicate tape recording of $38 per — sound-recorded evidence cassette 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 1. Fees under this item are not chargeable to 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 $70, plus an — under 3 months old additional
$8.50 per page
after the first 8
pages(b) where the matter being transcribed is 3 $85, plus an — months old or older additional
$9.70 per page
after the first 8
pages
2007 No 289
Industrial Relations (General) Amendment (Fees) Regulation 2007
| Amendments | Schedule 1 |
Miscellaneous fees
Column 1 Column 2 Column 3
Matter for which fee payable Standard fee Corporation
fee
Note 1.
Fees under this item are not chargeable to industrial organisation or association registered under Chapter 5 of the Act.
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.
9 For retrieval from archives of any document $59 $118 or file 10 Providing any service for which a fee is not $32 $64 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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