Industrial Relations (General) Amendment (Fees) Regulation 2009 (NSW)

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2009 No 272

New South Wales

Industrial Relations (General)

Amendment (Fees) Regulation 2009

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 HATZISTERGOS, MLC Minister for Industrial Relations

Explanatory note
The object of this Regulation is to amend the Industrial Relations (General) Regulation 2001
to increase certain fees that the Industrial Relations Commission charges.
This Regulation is made under the Industrial Relations Act 1996, including sections 183

(Regulations relating to fees) and 407 (the general regulation-making power).

Published LW 26 June 2009	Page 1
2009 No 272
Clause 1	Industrial Relations (General) Amendment (Fees) Regulation 2009

Industrial Relations (General) Amendment (Fees)

Regulation 2009

under the

Industrial Relations Act 1996

1 Name of Regulation
This Regulation is the Industrial Relations (General) Amendment
(Fees) Regulation 2009.

2 Commencement
This Regulation commences on 1 July 2009 and is required to be published on the NSW legislation website.

2009 No 272

Industrial Relations (General) Amendment (Fees) Regulation 2009

Amendment of Industrial Relations (General) Regulation 2001	Schedule 1
Schedule 1	Amendment of Industrial Relations (General) Regulation 2001

Schedule 1
Omit the Schedule. Insert instead:

Schedule 1 Commission fees

(Clause 23A)

Fees for proceedings before Commission sitting as 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 $749 $1,498
of Chapter 2 of the Act
2 Filing notice of leave to appeal to the Full Bench $832 $1,664

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
3 Filing an application for an order under $749 $1,498
section 246 of the Criminal Procedure Act 1986
in respect of an offence dealt with 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 $246 $492

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

2009 No 272

Industrial Relations (General) Amendment (Fees) Regulation 2009

Schedule 1

Amendment of Industrial Relations (General) Regulation 2001

Fees for proceedings before Commission sitting as Industrial Court Column 1 Column 2 Column 3

Matter for which fee payable Standard Corporation
fee fee

5 Filing a notice of motion under Rule 68 of the $173 $346
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 dealt with 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

6 For allocation of a date for hearing in relation to: $1,429 $2,858

(a)

proceedings under Division 2 of Part 9 of Chapter 2 of the Act, 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 $266 $532
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, with such period to include any adjournment of less than half an hour.

2009 No 272

Industrial Relations (General) Amendment (Fees) Regulation 2009

Amendment of Industrial Relations (General) Regulation 2001

Schedule 1

Fees for proceedings before Commission (otherwise than sitting as
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 $65 —

2 Filing notice of leave to appeal to the Full Bench $221 $442

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 $65 $130
production and to give evidence
2 Issuing a summons to give evidence $32 $64

3

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

(a) on a Saturday, Sunday or public holiday, $590 $1,180
or
(b) on any other day:

(i) before 8.30am or after 4.30pm, or $590 $1,180

(ii) between 8.30am and 9.00am or $62 $124
between 4.00pm and 4.30pm

4 Furnishing a certified copy of a judgment or $65 $130
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.

2009 No 272

Industrial Relations (General) Amendment (Fees) Regulation 2009

Schedule 1

Amendment of Industrial Relations (General) Regulation 2001

Miscellaneous fees

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

5 Furnishing an uncertified copy of a judgment or $36 $72
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 $10.40, plus —
as provided for by items 4 and 5) an additional
Note 1. Except as provided in Note 2, fees under this $2.10 per page
item are chargeable: after 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.

7 Supplying a duplicate tape recording of $42 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 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 $76, plus an —

under 3 months old, or additional
$9.30 per page
after the first
8 pages

2009 No 272

Industrial Relations (General) Amendment (Fees) Regulation 2009

Amendment of Industrial Relations (General) Regulation 2001

Schedule 1

Miscellaneous fees

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

(b) where the matter being transcribed is $93, plus an —
3 months old or older additional $10.60 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 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 $65 $130
file
10 Providing any service for which a fee is not $34 $68
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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Industrial Relations (General) Amendment (Fees) Regulation 2009 (NSW)

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Matter for which fee payable	Standard	Corporation
fee	fee

1	Filing an application under Division 2 of Part 9	$749	$1,498
of Chapter 2 of the Act
2	Filing notice of leave to appeal to the Full Bench	$832	$1,664
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
3	Filing an application for an order under	$749	$1,498
section 246 of the Criminal Procedure Act 1986 in respect of an offence dealt with 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	$246	$492
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	$173	$346
IRC Rules in any of the following proceedings:

(a)	proceedings under Division 2 of Part 9 of Chapter 2 of the Act, 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	$266	$532
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, with such period to include any adjournment of less than half an hour.

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 $65	—

2	Filing notice of leave to appeal to the Full Bench	$221	$442
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

1	Issuing a summons for production, or for	$65	$130
production and to give evidence
2	Issuing a summons to give evidence	$32	$64
3	Opening or keeping open the registry or part of the registry:
(a)	on a Saturday, Sunday or public holiday,	$590	$1,180
or
(b)	on any other day:

(ii)	between 8.30am and 9.00am or	$62	$124
between 4.00pm and 4.30pm

4	Furnishing a certified copy of a judgment or	$65	$130
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	$36	$72
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	$10.40, plus	—
as provided for by items 4 and 5)	an additional
Note 1. Except as provided in Note 2, fees under this	$2.10 per page
item are chargeable:	after 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.

7	Supplying a duplicate tape recording of	$42 per	—
sound-recorded evidence	cassette
Note 1. Except as provided in Note 2, fees under this item are chargeable:

(b)	where the matter being transcribed is	$93, plus an	—
3 months old or older	additional $10.60 per page after the
first 8 pages

9	For retrieval from archives of any document or	$65	$130
file
10	Providing any service for which a fee is not	$34	$68
otherwise imposed by this Schedule
Note. A fee may not be imposed under this item except with the approval of the Industrial Registrar.