Industrial Relations (General) Amendment (Fees) Regulation 2019 (NSW)

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New South Wales

Industrial Relations (General) Amendment

(Fees) Regulation 2019

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.

DONALD HARWIN, MLC
Special Minister of State, Minister for the Public Service and Employee Relations, Aboriginal

Affairs, and the Arts

Explanatory note

The object of this Regulation is to increase certain fees charged in relation to proceedings in the Industrial Relations Commission, in alignment with fees charged for similar matters in the Supreme Court, Land and Environment Court, District Court and Local Court.

This Regulation is made under the Industrial Relations Act 1996, including sections 183 and 407 (the general regulation-making power).

Industrial Relations (General) Amendment (Fees) Regulation 2019 [NSW]

Industrial Relations (General) Amendment (Fees) Regulation

2019

under the

Industrial Relations Act 1996

1      Name of Regulation

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

2019.

2      Commencement

This Regulation commences on 15 August 2019 and is required to be published on the NSW legislation website.

Industrial Relations (General) Amendment (Fees) Regulation 2019 [NSW]

Schedule 1 Amendment of Industrial Relations (General) Regulation 2015

Schedule 1 Amendment of Industrial Relations (General)
Regulation 2015

Schedule 1

Omit the Schedule. Insert instead—

Schedule 1 Commission fees

(Clause 22)

Fees for proceedings before Commission

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 $85.50
2 Filing notice of leave to appeal to the Full Bench of the $282.00 $564.50
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 fee Corporation

fee

1 Issuing a summons (for production, or to give evidence, or $106.00 $212.00
both)

2

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

(a) on a Saturday, Sunday or public holiday, or $764.00 $1,528.00
(b) on any other day—
(i) before 8.30 am or after 4.30 pm, or $764.00 $1,528.00
(ii) between 8.30 am and 9.00 am or between $81.50 $162.00
4.00 pm and 4.30 pm
3 Furnishing a certified copy of a judgment or order, or of the $62.00
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.
4 Furnishing an uncertified copy of a judgment or order, or of $46.00 $91.50
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

Making a copy of any document (otherwise than as provided for by items 3 and 4)—

Industrial Relations (General) Amendment (Fees) Regulation 2019 [NSW]

Schedule 1 Amendment of Industrial Relations (General) Regulation 2015

Miscellaneous fees

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

fee

(a) for the first 20 pages, and $13.00
(b) for each 10 pages (or part of 10 pages) after the first $7.00
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.

6 Supplying a duplicate tape recording of sound-recorded $54.00
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.

7        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 $93.00
(ii) for each page after the first 8 pages, or $11.00

(b)

where the matter being transcribed is 3 months old or older—

(i) for the first 8 pages, and $113.00
(ii) for each page after the first 8 pages $13.00

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.

8 For retrieval from archives of any document or file (per file $83.00
or box of files)

Industrial Relations (General) Amendment (Fees) Regulation 2019 [NSW]

Schedule 1 Amendment of Industrial Relations (General) Regulation 2015

Miscellaneous fees

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

fee

9 Providing any service for which a fee is not otherwise $45.00 $90.00
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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