Industrial Relations (General) Amendment (Fees) Regulation 2008 (NSW)

2008 No 321

New South Wales

Industrial Relations (General)

Amendment (Fees) Regulation 2008

under the

Industrial Relations Act 1996

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Industrial Relations Act 1996.

JOHN WATKINS, M.P.,

Acting Minister for Industrial Relations

Explanatory note
The object of this Regulation is to amend the Industrial Relations (General) Regulation 2001:

(a)	to increase certain fees that the Industrial Relation Commission charges, and
(b)	to ensure that certain fees are chargeable to the Crown and any person acting on behalf of the Crown, and
(c)	to effect minor law revision.

This Regulation is made under the Industrial Relations Act 1996, including section 183

(Regulations relating to fees).

Published in Gazette No 93 of 1 August 2008, page 7356	Page 1
2008 No 321
Clause 1	Industrial Relations (General) Amendment (Fees) Regulation 2008

Industrial Relations (General) Amendment (Fees)

Regulation 2008

under the

Industrial Relations Act 1996

1      Name of Regulation

This Regulation is the Industrial Relations (General) Amendment
(Fees) Regulation 2008.

2      Commencement

This Regulation commences on 1 August 2008.

3 Amendment of Industrial Relations (General) Regulation 2001

The Industrial Relations (General) Regulation 2001 is amended as set out in Schedule 1.

2008 No 321

Industrial Relations (General) Amendment (Fees) Regulation 2008

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3)

[1]      Clause 3 Definitions

Insert in alphabetical order in clause 3 (1):

Industrial Court means the Industrial Court of New South Wales as referred to in section 151A of the Act.

[2]      Clause 23G Circumstances in which fees not chargeable

Omit “Fund.” from clause 23G (1) (c). Insert instead:

Fund,

unless Schedule 1 expressly so provides.

[3]      Clause 43 Industrial Magistrate—civil procedure

Omit “Commission in Court Session” from clause 43 (1).
Insert instead “Industrial Court”.

[4]      Schedule 1

Omit the Schedule. Insert instead:

Schedule 1 Commission fees

(Clause 23A)

Fees for proceedings before Commission sitting as the Industrial Court

Column 1	Column 2	Column 3
Matter for which fee payable	Standard	Corporation
fee	fee

1	Filing an application under Division 2 of Part 9	$718	$1,436
of Chapter 2 of the Act
2	Filing notice of leave to appeal to the Full Bench	$797	$1,594
of the Industrial Court 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

2008 No 321

Industrial Relations (General) Amendment (Fees) Regulation 2008

Schedule 1 Amendments

Fees for proceedings before Commission sitting as the Industrial Court

Column 1	Column 2	Column 3
Matter for which fee payable	Standard	Corporation
fee	fee

3	Filing an application for an order under section	$718	$1,436
246 of the Criminal Procedure Act 1986 in
respect of an offence taken before the Industrial
Court:

(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 Bench	$212	$424
of the Industrial Court under section 197 (1) (a), (b) or (c) of the Act in respect of a decision of a Local Court
5	Filing a notice of motion under Rule 68 of the	$165	$330
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 Industrial Court 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 Industrial Court:

(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 Industrial Court under section 197 (1) (a), (b) or (c) of the Act

in respect of a decision of a Local Court

2008 No 321

Industrial Relations (General) Amendment (Fees) Regulation 2008

Amendments Schedule 1

Fees for proceedings before Commission sitting as the Industrial Court

Column 1	Column 2	Column 3
Matter for which fee payable	Standard	Corporation
fee	fee

6 For allocation of a date for hearing in relation to: $1,370 $2,740

(a)	proceedings under Division 2 of Part 9 of Chapter 2, or
(b)	proceedings on an appeal to the Full Bench of the Industrial Court 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 2	$255	$510
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.

Fees for proceedings before Commission (otherwise than sitting as the

Industrial Court)

Column 1	Column 2	Column 3
Matter for which fee payable	Standard	Corporation
fee	fee
1	Filing an application under section 84 of the Act $62	—

2	Filing notice of leave to appeal to the Full Bench	$212	$424
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	Corporation
fee	fee

1	Issuing a summons for production, or for	$62	$124
production and to give evidence
2	Issuing a summons to give evidence	$31	$62

2008 No 321

Industrial Relations (General) Amendment (Fees) Regulation 2008

Schedule 1 Amendments

Miscellaneous fees

Column 1	Column 2	Column 3
Matter for which fee payable	Standard	Corporation
fee	fee

3      Opening or keeping open the registry or part of the registry:

(a) on a Saturday, Sunday or public holiday, $570 $1,140

or

(b)

on any other day:

(i)	before 8.30am or after 4.30pm	$570	$1,140
(ii)	between 8.30am and 9.00am or	$60	$120

between 4.00pm and 4.30pm

4	Furnishing a certified copy of a judgment or	$62	$124
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.
5	Furnishing an uncertified copy of a judgment or	$35	$70
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.
6	Making a copy of any document (otherwise than	$10, plus an	—
as provided for by items 4 and 5)	additional $2
Note 1. Except as provided in Note 2, fees under this	per page after
item are chargeable:	the first 5 pages

(a)	to the Crown or any person acting on behalf of the Crown, and
(b)	to an industrial organisation or association registered under Chapter 5 of the Act.

Note 2. Fees under this item are not chargeable to any person in respect of whom the Director-General of the Department of Commerce, or the President of the

Anti-Discrimination Board, has authorised the making of such a copy without charge.

2008 No 321

Industrial Relations (General) Amendment (Fees) Regulation 2008

Amendments Schedule 1

Miscellaneous fees

Column 1	Column 2	Column 3
Matter for which fee payable	Standard	Corporation
fee	fee

7	Supplying a duplicate tape recording of	$40 per	—
sound-recorded evidence	cassette
Note 1. Except as provided in Note 2, fees under this item are chargeable:

(a)	to the Crown or any person acting on behalf of the Crown, and
(b)	to an industrial organisation or association registered under Chapter 5 of the Act.

Note 2.

Fees under this item are not chargeable to any of such a recording without charge.

person to whom the Director-General of the
Department of Commerce, or the President of the

8      Supplying a copy of the transcript of any proceedings:

(a) where the matter being transcribed is $73, plus an —

under 3 months old additional
$8.90 per page
after the first 8
pages

(b)	where the matter being transcribed is 3	$89, plus an	—
months old or older	additional $10.20 per page after the
first 8 pages

Note 1. Except as provided in Note 2, fees under this item are chargeable:

(a)	to the Crown or any person acting on behalf of the Crown, and
(b)	to an industrial organisation or association registered under Chapter 5 of the Act.

Note 2.

Fees under this item are not chargeable to any of such a copy without charge.

person to whom the Director-General of the
Department of Commerce, or the President of the

9	For retrieval from archives of any document or	$62	$124
file

2008 No 321

Industrial Relations (General) Amendment (Fees) Regulation 2008

Schedule 1 Amendments

Miscellaneous fees

Column 1	Column 2	Column 3
Matter for which fee payable	Standard	Corporation
fee	fee

10	Providing any service for which a fee is not	$33	$66
otherwise imposed by this Schedule
Note. A fee may not be imposed under this item except with the approval of the Industrial Registrar.

BY AUTHORITY