Industrial Relations (General) Amendment (Fees) Regulation 2011 (NSW)
2011 No 366
New South Wales
Industrial Relations (General)
Amendment (Fees) Regulation 2011
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.
GREG PEARCE, MLC
Minister for Finance and Services
Explanatory note
The object of this Regulation is to amend the Industrial Relations (General) Regulation 2001:
| (a) | to increase certain fees charged by the Industrial Relations Commission, and | |||
| (b) | to introduce new fees relating to: | |||
| ||||
| under section 197B of the Industrial Relations Act 1996 or section 23A of the Transport Appeal Boards Act 1980 against any decision on a question of law. |
This Regulation is made under the Industrial Relations Act 1996, including sections 183 and
407 (the general regulation-making power).
| Published LW 15 July 2011 | Page 1 |
| 2011 No 366 | |
| Clause 1 | Industrial Relations (General) Amendment (Fees) Regulation 2011 |
Industrial Relations (General) Amendment (Fees)
Regulation 2011
under the
Industrial Relations Act 1996
1 Name of Regulation
This Regulation is the Industrial Relations (General) Amendment
(Fees) Regulation 2011.
2 Commencement
This Regulation commences on 15 July 2011 and is required to be published on the NSW legislation website.
2011 No 366
Industrial Relations (General) Amendment (Fees) Regulation 2011
| 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 $798 $1,596 Part 9 of Chapter 2 of the Act 2 Filing notice of leave to appeal to the Full $887 $1,774 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 Act3 Filing an application for an order under $798 $1,596 section 246 of the Criminal Procedure 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 $262 $524 Bench of the Industrial Court:
(a)
under section 197 (1) (a), (b) or (c) of the Act in respect of a decision of the Local Court, or
(b) against any decision on a question of law:
(i)
under section 197B of the Industrial Relations Act 1996, or
(ii)
section 23A of the Transport Appeal Boards Act 1980
2011 No 366
Industrial Relations (General) Amendment (Fees) Regulation 2011
| 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 in any of the $185 $370 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 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 the Local Court,
(d)
proceedings on an appeal to the Full Bench of the Industrial Court against any decision on a question of law:
(i)
under section 197B of the Industrial Relations Act 1996, or
(ii)
under section 23A of the Transport Appeal Boards Act 1980,
(e)
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
6 For allocation of a date for hearing in relation to: $1,523 $3,046
(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
2011 No 366
Industrial Relations (General) Amendment (Fees) Regulation 2011
| Amendment of Industrial Relations (General) Regulation 2001 | Schedule 1 |
Fees for proceedings before Commission sitting as Industrial Court Column 1 Column 2 Column 3
Matter for which fee payable Standard Corporation fee fee
7 For the hearing of proceedings under $284 $568 Division 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, with such period to include any adjournment of less than half an hour.
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 $70 — 2 Filing notice of leave to appeal to the Full Bench $236 $472 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 Corporation fee fee
1 Issuing a summons for production, or for $70 $140 production and to give evidence 2 Issuing a summons to give evidence $34 $68 3
Opening or keeping open the registry or part of the registry:
(a) on a Saturday, Sunday or public $629 $1,258 holiday, or
2011 No 366
Industrial Relations (General) Amendment (Fees) Regulation 2011
| 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
(b) on any other day:
(i) before 8.30am or after 4.30pm, or $629 $1,258 (ii) between 8.30am and 9.00am or $66 $132 between 4.00pm and 4.30pm
4 Furnishing a certified copy of a judgment or $70 $140 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 $38 $76 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 $11.10, plus — than as provided for by items 4 and 5) $5.50 for Note 1. Except as provided in Note 2, fees under each this item are chargeable: 10 pages (or
part of
(a) to the Crown or any person acting on
behalf of the Crown, and 10 pages)
after the first(b) to an industrial organisation or
association registered under Chapter 5 20 pages 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 Finance and Services, or the
President of the Anti-Discrimination Board, has authorised the making of such a copy without charge.
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Industrial Relations (General) Amendment (Fees) Regulation 2011
| 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
7 Supplying a duplicate tape recording of $45 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 person to whom the Director-General of the Department of Finance and Services, or the President of the Anti-Discrimination Board, has authorised the supply of such a recording without charge.
8 Supplying a copy of the transcript of any proceedings:
(a) where the matter being transcribed is $79, plus an —
under 3 months old, or
additional $9.70 per page after the first
8 pages
(b) where the matter being transcribed is $97, plus an — 3 months old or older additional
$11 per page
after the first
8 pagesNote 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 person to whom the Director-General of the Department of Finance and Services, or the President of the Anti-Discrimination Board, has authorised the supply of such a copy without charge.
2011 No 366
Industrial Relations (General) Amendment (Fees) Regulation 2011
| 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
9 For retrieval from archives of any document $70 $140 or file 10 Providing any service for which a fee is not $36 $72 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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