Industrial Relations (General) Amendment (Fees) Regulation 2014 (NSW)
New South Wales
Industrial Relations (General) Amendment
(Fees) Regulation 2014
under the
Industrial Relations Act 1996
The Administrator, with the advice of the Executive Council, has made the following Regulation under the Industrial Relations Act 1996.
ANDREW CONSTANCE, MP Minister for Industrial Relations
Explanatory note
Industrial Relations (General) Regulation 2001
The object of this Regulation is to amend the to increase general regulation-making power).
certain fees charged by the Industrial Relations Commission.
Industrial Relations (General) Amendment (Fees) Regulation
2014
under the
Industrial Relations Act 1996
1 Name of Regulation
This Regulation is the Industrial Relations (General) Amendment (Fees) Regulation
2014.
2 Commencement
This Regulation commences on the day on which it is published on the NSW legislation website.
| 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 fee Corporation
fee
1 Filing an application under Division 2 of Part 9 of $859.00 $1,718.00 Chapter 2 of the Act 2 Filing an application for an order under section 246 of the $859.00 $1,718.00 Criminal Procedure Act 1986 in respect of an offence dealt with:
(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
3 Filing notice of leave to appeal: $283.00 $566.00
(a)
under section 197 (1) (a), (b), (c) or (d) 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
Fees for proceedings before Commission sitting as Industrial Court
Column 1 Column 2 Column 3 Matter for which fee payable Standard fee Corporation
fee
4 Filing a notice of motion in any of the following $200.00 $400.00 proceedings:
(a)
proceedings under Division 2 of Part 9 of Chapter 2 of the Act,
(b)
proceedings on an appeal under section 197 (1) (a), (b), (c) or (d) of the Act in respect of a decision of the Local Court,
(c)
proceedings on an appeal 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,
(d) proceedings for an offence dealt with:
(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
5 For allocation of a date for hearing in relation to $1,640.00 $3,280.00 proceedings under Division 2 of Part 9 of Chapter 2 of the
Act6 For the hearing of proceedings under Division 2 of Part 9 $306.00 $612.00 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 fee Corporation
fee
1 Filing an application under section 84 of the Act $76.00 — 2
Filing notice of leave to appeal to the Full Bench of the Commission under section 187 of the Act in relation to a decision of the Commission under:
(a) Part 6 of Chapter 2 of the Act, or $254.00 $508.00 (b) Division 2 of Part 9 of Chapter 2 of the Act $955.00 $1,910.00 3 Filing a notice of motion in proceedings on an appeal to the $200.00 $400.00 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
Fees for proceedings before Commission (otherwise than sitting as Industrial
Court)
Column 1 Column 2 Column 3 Matter for which fee payable Standard fee Corporation
fee
4 For allocation of a date for hearing in relation to proceedings $1,640.00 $3,280.00 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
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 production and to $76.00 $152.00 give evidence 2 Issuing a summons to give evidence $37.00 $74.00 3 Opening or keeping open the registry or part of the registry: (a) on a Saturday, Sunday or public holiday, or $678.00 $1,356.00 (b) on any other day:
(i) before 8.30am or after 4.30pm, or $678.00 $1,356.00 (ii) between 8.30am and 9.00am or between $72.00 $144.00 4.00pm and 4.30pm
4 Furnishing a certified copy of a judgment or order, or of the $76.00 $152.00 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.
5 Furnishing an uncertified copy of a judgment or order, or of $41.00 $82.00 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 than as provided for by items 4 and 5):
(a) for the first 20 pages, and $12.00 — Miscellaneous fees
Column 1 Column 2 Column 3 Matter for which fee payable Standard fee Corporation
fee
(b) for each 10 pages (or part of 10 pages) after the first $5.95 — 20 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 in respect of whom the Secretary of the Treasury, 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 sound-recorded $47.90 — evidence—per 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 Secretary of the Treasury, 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 under 3 months old:
(i) for the first 8 pages, and $83.30 — (ii) for each page after the first 8 pages, or $10.20 —
(b) where the matter being transcribed is 3 months old or older:
(i) for the first 8 pages, and $102.40 — (ii) for each page after the first 8 pages $11.60 — 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 Secretary of the Treasury, 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 file $76.00 $152.00 Miscellaneous fees
Column 1 Column 2 Column 3 Matter for which fee payable Standard fee Corporation
fee
10 Providing any service for which a fee is not otherwise $38.00 $76.00 imposed by this Schedule Note. A fee may not be imposed under this item except with the approval of the Industrial Registrar.
0
0
0