Industrial Relations (General) Amendment (Fees) Regulation 2012 (NSW)

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2012 No 283

New South Wales

Industrial Relations (General)

Amendment (Fees) Regulation 2012

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 (the Principal Regulation) to increase certain fees charged by the Industrial Relations Commission. This Regulation also makes some consequential changes to the Principal Regulation following the commencement of the Work Health and Safety Act 2011 on 1 January 2012.
This Regulation is made under the Industrial Relations Act 1996, including sections 183 and

407 (the general regulation-making power).

Published LW 29 June 2012	Page 1
2012 No 283
Clause 1	Industrial Relations (General) Amendment (Fees) Regulation 2012

Industrial Relations (General) Amendment (Fees)

Regulation 2012

under the

Industrial Relations Act 1996

1 Name of Regulation
This Regulation is the Industrial Relations (General) Amendment
(Fees) Regulation 2012.

2 Commencement
This Regulation commences on 1 July 2012 and is required to be published on the NSW legislation website.

2012 No 283

Industrial Relations (General) Amendment (Fees) Regulation 2012

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 $818 $1,636
of Chapter 2 of the Act
2 Filing notice of leave to appeal to the Full Bench $908 $1,816

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 $818 $1,636
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 229B (2) (b) of the Work Health and Safety Act 2011

4 Filing notice of leave to appeal to the Full Bench $269 $538
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

2012 No 283

Industrial Relations (General) Amendment (Fees) Regulation 2012

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 following $190 $380
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 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, or

(iii)

under section 229B (2) (b) of the Work Health and Safety Act 2011

2012 No 283

Industrial Relations (General) Amendment (Fees) Regulation 2012

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

6 For allocation of a date for hearing in relation to: $1,561 $3,122

(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 $291 $582
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.
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 $72 —

2 Filing notice of leave to appeal to the Full Bench $242 $484
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 $72 $144
production and to give evidence
2 Issuing a summons to give evidence $35 $70

2012 No 283

Industrial Relations (General) Amendment (Fees) Regulation 2012

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

(a) on a Saturday, Sunday or public holiday, $645 $1,290
or

(b) on any other day:

(i) before 8.30am or after 4.30pm, or $645 $1,290

(ii) between 8.30am and 9.00am or $68 $136
between 4.00pm and 4.30pm

4 Furnishing a certified copy of a judgment or $72 $144

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 $39 $78

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 $11.40, plus —
as provided for by items 4 and 5) $5.65 for each
Note 1. Except as provided in Note 2, fees under this 10 pages (or
item are chargeable: part of
10 pages) after

(a) to the Crown or any person acting on behalf of

the Crown, and the first 20 pages
(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 Finance and Services, or the President of the Anti-Discrimination Board, has authorised the
making of such a copy without charge.

2012 No 283

Industrial Relations (General) Amendment (Fees) Regulation 2012

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 $45.50 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 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 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.

9 For retrieval from archives of any document or $72 $144
file

2012 No 283

Industrial Relations (General) Amendment (Fees) Regulation 2012

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

10 Providing any service for which a fee is not $37 $74
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 2012 (NSW)

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Matter for which fee payable	Standard	Corporation
fee	fee

1	Filing an application under Division 2 of Part 9	$818	$1,636
of Chapter 2 of the Act
2	Filing notice of leave to appeal to the Full Bench	$908	$1,816
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	$818	$1,636
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 229B (2) (b) of the Work Health and Safety Act 2011

4	Filing notice of leave to appeal to the Full Bench	$269	$538
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

5	Filing a notice of motion in any of the following	$190	$380
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

7	For the hearing of proceedings under Division 2	$291	$582
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 $72	—

2	Filing notice of leave to appeal to the Full Bench	$242	$484
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	$72	$144
production and to give evidence
2	Issuing a summons to give evidence	$35	$70

4	Furnishing a certified copy of a judgment or	$72	$144
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	$39	$78
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	$11.40, plus	—
as provided for by items 4 and 5)	$5.65 for each
Note 1. Except as provided in Note 2, fees under this	10 pages (or
item are chargeable:	part of 10 pages) after

7	Supplying a duplicate tape recording of	$45.50 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.

(b)	where the matter being transcribed is	$97, plus an	—
3 months old or older	additional $11 per page after the first
8 pages

10	Providing any service for which a fee is not	$37	$74
otherwise imposed by this Schedule
Note. A fee may not be imposed under this item except with the approval of the Industrial Registrar.