Conciliation and Arbitration Regulations (Amendment)

Legislation au C1972L00051 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1972 No. 51

 

REGULATIONS UNDER THE CONCILIATION AND ARBITRATION ACT 1904-1970.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Conciliation and Arbitration Act 1904-1970.

Dated this twenty-first day of April, 1972.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Attorney-General.

 

Amendment of the Conciliation and arbitration Regulations†

1. Regulation 138 of the Conciliation and Arbitration Regulations is repealed and the following regulation inserted in its stead:—

Financial assistance in proceedings under section 140 or 141.

“138.—(1.) In this regulation, unless the contrary intention appears—

‘proceedings’ means proceedings instituted, whether before or after the commencement of this regulation, under section 140 or 141 of the Act;

‘the applicant’ in relation to proceedings, includes the complainant in proceedings under section 141 of the Act.

“(2.) Subject to the succeeding sub-regulations of this regulation, where a rule has been granted in proceedings by the Court or a Judge calling upon a person or organization to show cause why an order should not be made under section 140 or 141 of the Act in relation to that person or organization, the applicant in the proceedings may apply to the Attorney-General for financial assistance by the Commonwealth in respect of the costs or expenses that the applicant has paid, has become liable to pay or may become liable to pay in connexion with the proceedings

“(3.) Where the applicant in proceedings applies for financial assistance in accordance with the last preceding sub-regulation and the Attorney-General is satisfied that it is likely that hardship would be caused to the applicant if assistance were not given by the Commonwealth in respect of the costs or expenses that he has paid, has become liable to pay or may become liable to pay in connexion with the proceedings, the Attorney-General may, subject to the next succeeding sub-regulation, authorize payment by the Commonwealth to or on behalf of the applicant of such amount as is, or such amounts as are from time to time, determined—

(a) by the Attorney-General; or

 

* Notified in the Commonwealth Gazette on 1971.

† Statutory Rule; 1956, No. 60, as amended by Statuary Rules 1957, No. 78; 1958, No. 7 and 53; 1959, No. 19; 1960, No. 86; 1961, No. 123; 1963, No. 14; and 1967, Nos. 35 and 136; by Act No. 53 of 1970; and by Statutory Rules 1970, No. 162; 1971, Nos. 95 and 115; and 1972, No. 6.

13643/72—Price 5c 9/12.4.1972


(b) in accordance with a direction given, or directions from time to time given, by the Attorney-General,

in respect of those costs or expenses.

“(4.) The Attorney-General may refuse an application under sub-regulation (2.) of this regulation in respect of proceedings if he is satisfied that—

(a) the order sought in the proceedings is the same or substantially the same as an order obtained or sought in other relevant proceedings and the proceedings involve the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other proceedings; or

(b) it would be contrary to the interests of justice to grant financial assistance to the applicant in connexion with the proceedings.

“(5.) For the purpose of the last preceding sub-regulation, ‘other relevant proceedings’, in relation to proceedings in respect of which an application has been made under sub-regulation (2.) of this regulation, means any proceedings that—

(a) were instituted before the proceedings in respect to which that application was made; and

(b) have been heard and determined by, or are pending before, the Court.

“(6.) Nothing in this regulation authorizes a payment in respect of fees of more than one counsel appearing for the applicant in proceedings unless two or more counsel appeared, or are to appear, for another party to, or an intervener in, the proceedings.

“(7.) The Attorney-General may authorize under sub-regulation (3.) of this regulation payment to be made by the Commonwealth in respect of proceedings either before or after the proceedings have been heard and determined by the Court, but shall not authorize payment by the Commonwealth in respect of proceedings that were heard and determined by the Court before the commencement of this regulation.”.

Transitional.

2. Notwithstanding the amendment of the Conciliation and Arbitration Regulations effected by the last preceding regulation, regulation 138 of the Conciliation and Arbitration Regulations as in force immediately before the commencement of this regulation continues in force in relation to a direction that financial assistance be given to a member given under that regulation before the commencement of this regulation and a further direction may be given under that regulation as so continued in force concerning the amount or amounts that may be paid to or on behalf of the person.

Printed by Authority by the Government Printer of the Commonwealth of Australia

Overview

The Conciliation and Arbitration Regulations 1972, enacted by the Commonwealth of Australia, aim to provide financial assistance to applicants in proceedings under sections 140 or 141 of the Conciliation and Arbitration Act 1904-1970. This legislation was introduced to address the financial burden faced by individuals and entities in legal proceedings related to conciliation and arbitration. The regulations allow applicants to apply to the Attorney-General for financial assistance from the Commonwealth to cover costs or expenses incurred during the proceedings. The policy objective is to ensure that applicants do not suffer hardship due to the financial implications of such legal processes. Enacted by the Governor-General with the advice of the Federal Executive Council, these regulations provide a mechanism for the Attorney-General to authorise payments based on the likelihood of hardship and other specified conditions.

Scope and Application

The Conciliation and Arbitration Regulations 1972, made under the Conciliation and Arbitration Act 1904-1970, primarily pertain to the provision of financial assistance by the Commonwealth to applicants in proceedings initiated under sections 140 or 141 of the Act. These regulations apply to any individual or entity that has been called upon to show cause in proceedings related to the Act. The geographic reach of these regulations is national, as they are issued under Commonwealth legislation. The regulations allow for financial assistance to be granted by the Attorney-General, subject to certain conditions, such as the likelihood of hardship if assistance were not provided and the absence of proceedings that are substantially similar. The regulations also include specific exclusions, such as the limitation on payments for fees of more than one counsel for the applicant unless multiple counsels are appearing for another party or an intervener. The regulations can be extended or restricted through subordinate instruments, as they provide for the Attorney-General's discretion in determining the amounts to be paid and the circumstances under which payments may be made, including those for proceedings heard and determined before the commencement of these regulations.

Key Provisions

The main operative sections of the Statutory Rules 1972 No. 51 are found in Regulation 138, which pertains to financial assistance in proceedings under section 140 or 141 of the Conciliation and Arbitration Act 1904-1970. Section (2) of Regulation 138 allows an applicant in proceedings where a rule has been granted by the Court or a Judge to apply to the Attorney-General for financial assistance from the Commonwealth in relation to the costs or expenses incurred in the proceedings. Section (3) of Regulation 138 permits the Attorney-General to authorize payment by the Commonwealth if satisfied that hardship would be caused to the applicant without such assistance. Section (4) of Regulation 138 sets out circumstances in which the Attorney-General may refuse an application for financial assistance, such as where the proceedings are substantially the same as other relevant proceedings or if granting assistance would be contrary to the interests of justice. The obligations and requirements imposed by these regulations include the necessity for applicants in relevant proceedings to apply for financial assistance from the Attorney-General if they have incurred costs or expenses. The Attorney-General is required to assess whether financial assistance should be granted, considering factors such as the likelihood of hardship and whether the proceedings are substantially similar to other existing or pending cases. Additionally, the Attorney-General must ensure that any payment authorized does not exceed fees for more than one counsel unless multiple counsel are involved on the other side of the proceedings. The Statutory Rules 1972 No. 51 do not explicitly state any specific offences, penalties, or consequences for breach of the regulations. However, any failure by the Attorney-General to comply with the requirements to assess and authorize payments could potentially lead to legal challenges or administrative actions under the broader framework of the Conciliation and Arbitration Act 1904-1970. The absence of specific penalties in the regulation suggests that breaches may be addressed through the general legal and administrative mechanisms available under the parent Act.

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