Queensland Subordinate Legislation as Made

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INDUSTRIAL RELATIONS (TRIBUNALS) RULES 2011 NO. 237


TABLE OF PROVISIONS

           Contents
           Part 1--Preliminary
   1.      Short title
   2.      Commencement
   3.      Definitions
   4.      What a reference to application, application to appeal or applicant includes
   5.      Proceedings to which rules apply
   6.      Purpose of rules
           Part 2--Proceedings before court, commission or registrar
           Division 1--Application of pt 2
   7.      Application of pt 2
           Division 2--Procedures
           Subdivision 1--Starting proceedings
   8.      Starting proceedings
   9.      Who has carriage of proceeding
   10.     Form of applications
   11.     Form of affidavit for r 10(2)
   12.     Document starting proceeding, or application in existing proceeding, to state address, telephone and fax number
   13.     General requirements for documents for filing
   14.     Filing of documents
   15.     Ways of filing
   16.     Document becomes a record on filing
   17.     Change of address for service
           Subdivision 2--Amendments
   18.     Amending an application before hearing
   19.     Form of amendments
   20.     Amending an application during hearing
   21.     Serving amended application
   22.     Objecting to amended application
   23.     Determination of amended application
           Subdivision 3--Service
   24.     Who is to be served
   25.     Time for service
   26.     Service not allowed on certain days
   27.     Service after 4p.m.
   28.     Service of documents
   29.     How personal service is performed
   30.     Service of directions order on party
   31.     Service by an officer of the court
   32.     Substituted service
   33.     Informal service
   34.     Service on agent
   35.     Service by agreement
   36.     When affidavit of service is required
   37.     Form of affidavit of service
   38.     Identity of person served
   39.     Special requirements for service by fax
   40.     Service outside Queensland
           Subdivision 4--Directions orders
   41.     Directions orders
   42.     Hearing of parties
   43.     Further directions
   44.     Hearing and deciding proceeding on application for directions
   45.     Failure to attend or to comply with directions order
   46.     Duty of disclosure
           Subdivision 5--Response
   47.     Response to applications
           Subdivision 6--Evidence and affidavits
   48.     Powers for evidence
   49.     Notice to admit facts or documents
   50.     Evidence on affidavit
   51.     Limitation of affidavit
   52.     Form of affidavit
   53.     Exhibits
   54.     Alterations
   55.     Certificate of reading or signature for person making affidavit
   56.     Time for filing affidavits
   57.     Scandalous or oppressive matter
           Subdivision 7--Attendance notices
   58.     Issue of attendance notices
   59.     Requirements for attendance notice to produce
   60.     Inspection of document or thing produced under attendance notice
   61.     Setting aside attendance notice
   62.     Allowance for attendance and expenses
   63.     Production by non-party
   64.     Serving attendance notice
           Subdivision 8--Hearing
   65.     Request for notice of hearing
   66.     Hearing in respondent's absence
   67.     Rehearing of proceeding heard in respondent's absence
           Subdivision 9--Discontinuing proceeding
   68.     Discontinuance of applications other than under Act, s 74
           69. Other discontinuance
           Subdivision 10--Costs
   70.     Costs
           Subdivision 11--Recovery of amounts under orders
   71.     Certificate under Act, s 336
           Division 3--Commission's functions and powers
           Subdivision 1--Applications under the Act
   72.     Application for declaration about industrial matter
   73.     Application for order declaring persons to be employees or employers
   74.     Application to amend or declare void contract
   75.     Application for injunction under Act, s 277
           76. Application to recover unpaid wages and superannuation contribution etc.
   77.     Application for order about representation rights of associations or employee organisations
   78.     Application to reopen
   79.     Application to refer matter to full bench
   80.     Application for interpretation of industrial instrument
           Subdivision 2--Applications and notices under other Acts
   81.     Application for injunction—Public Interest Disclosure Act 2010
   82.     Application for reinstatement of training contract cancelled by coercion—Vocational Education, Training and Employment Act 2000
   83.     Application for reinstatement order for injured worker—Workers' Compensation and Rehabilitation Act 2003
   84.     Application to disqualify health and safety representative—Work Health and Safety Act 2011
   85.     Application to revoke WHS entry permit—Work Health and Safety Act 2011
   86.     Show cause notice for WHS entry permit holder—Work Health and Safety Act 2011
   87.     Application to deal with dispute about WHS entry permit holder's right of entry—Work Health and Safety Act 2011
           Division 4--Registrar's functions and powers
   88.     Powers
   89.     Notice of objection to proposed declaration—Trading (Allowable Hours) Act 1990
   90.     Application for WHS entry permit—Work Health and Safety Act 2011
           Division 5--Practice
           Subdivision 1--Court, commission or registrar
   91.     Using recording devices
   92.     Practice notes
   93.     Extension or shortening of time
   94.     Exhibits not to be taken out
   95.     Correcting errors
   96.     Continuance of proceedings—death of party
   97.     Publishing decisions etc.
           Subdivision 2--Court or commission
   98.     Joining proceedings
   99.     Commission acting on own initiative
           Subdivision 3--Registrar
   100.    Registrar may refer certain documents to court or commission
           Part 3--Proceedings before magistrates
           Division 1--Claims
   101.    Application of div 1
   102.    Starting a claim
   103.    Procedure
   104.    Summons
   105.    Substituted service
   106.    Alternative dispute resolution process
   107.    Onus of proof
   108.    Notice to admit facts or documents
   109.    Enforcement of order
   110.    Costs and expenses
           Division 2--Proceeding for order under Electrical Safety Act 2002
   111.    Application for order—Electrical Safety Act 2002, s 54
           Division 3--Proceedings for appeals
   112.    Starting an appeal
           Division 4--Directions orders
   113.    Directions orders
   114.    Failure to attend or to comply with directions order
   115.    Duty of disclosure
           Division 5--Attendance notices
   116.    Issue of attendance notice
   117.    Requirements for attendance notice to produce
   118.    Inspection of document or thing produced under attendance notice
   119.    Setting aside attendance notice
   120.    Allowance for attendance and expenses
   121.    Production by non-party
   122.    Serving attendance notice
           Division 6--Adjournments
   123.    Adjournment
           Part 4--Lawyers, agents and other representatives
   124.    Representation in proceedings
   125.    Notice of appointment of agent
   126.    Lawyer's notice of address for service
   127.    Withdrawal of appointment as lawyer or agent
   128.    Change of lawyer or agent
   129.    Making or signing documents for organisation or association
   130.    No representation by removed or suspended lawyers
           Part 5--Appeals and WHS reviews
           Division 1--General
   131.    What a reference to appellant includes for pt 5
   132.    Application of pt 5
   133.    Record for particular appeals and WHS reviews
   134.    Application for stay of decision under appeal or review
   135.    Service of applications
   136.    Service of application if respondent is Training and Employment Recognition Council
   137.    Failure to prosecute appeal or WHS review
           Division 2--Review by commission
   138.    Application for WHS review
           Division 3--Appeal to court or commission
   139.    Application to appeal, other than from magistrate or to full bench from registrar
   140.    Application for leave to appeal to full bench—Act, s 342(1) or (2)
   141.    Application for leave to appeal refused—Act, s 342(1) or (2)
   142.    Response to application for leave to appeal—Act, s 342(1) or (2)
   143.    Application to appeal to full bench from registrar—Act, s 342(6) or (7)
   144.    Application to appeal from magistrate—Act, s 341(2) or 342(5)
   145.    Magistrate may order appellant's release from custody
   146.    Form of arrest warrant—Act, s 341(4)
   147.    Striking out application to appeal by released appellant after at least 2 months delay
   148.    Clerk of Magistrates Court to send documents to registrar
           Part 6--General employment conditions
   149.    Application for order for payment instead of long service leave
   150.    Application for order for payment of proportionate payment for long service leave
   151.    Application for order ensuring equal remuneration for work of equal or comparable value
           Part 7--Dismissals
   152.    Application for reinstatement
   153.    Discontinuing application for reinstatement
   154.    Application for compensation order
   155.    Application for order about severance allowance and other separation benefits
   156.    Application for order for contravention of Act, s 90
   157.    Application for order for contravention of Act, s 90A
           Part 8--Freedom of association
   158.    Application for exemption from membership
   159.    Application for order about prohibited conduct
           Part 9--Awards
   160.    Application to make, amend or repeal awards
   161.    Application to make or amend awards that relate to remuneration of employees
   162.    Application for exemption
   163.    Application for order fixing minimum wages and employment conditions for apprentices and trainees
   164.    Application for order about tools
   165.    Application for order for employees in labour market program
   166.    Application for order applying to vocational placement
           Part 10--Certified agreements
   167.    Advice and notice in relation to a project agreement
   168.    Request for help to make certified agreement
   169.    Request for arbitration
   170.    Application to revoke determination
   171.    Application for certificate as to requested representation
   172.    Application for certification of agreement
   173.    Form of agreement for certification
   174.    Application for decision about designated award
   175.    Application to extend certified agreement
   176.    Application to amend certified agreement
   177.    Notice to terminate certified agreement on or before its nominal expiry date and application for approval of termination
   178.    Application to terminate certified agreement after its nominal expiry date and notice of intention to apply
   179.    Notice of giving of authorisation of industrial action
           Part 11--Industrial disputes
   180.    Notice of industrial dispute
   181.    Mediation by commission
   182.    Notice to show cause
   183.    Application for secret ballot
   184.    Conducting secret ballot
   185.    Application for order for contravention of Act, s 238
           Part 12--Records and wages
   186.    Application for issue of an authority
   187.    Application to revoke, suspend or attach conditions to authority
           Part 13--Fees charged by private employment agents
   188.    Application for order for repayment of fee
           Part 14--Industrial organisations
           Division 1--Registration
   189.    Application for registration
   190.    Application to change callings
   191.    Notice of objection
   192.    Answering objections
           Division 2--Election rules
   193.    Application for approval for ballot not to be a postal ballot
   194.    Application for cancellation of approval for ballot not to be a postal ballot
           Division 3--Validity of, and compliance with, rules
   195.    Application about organisation's rules under Act, s 459
           Division 4--Amendment of rules
   196.    Application for approval to amend name under Act, s 472
   197.    Application for approval to amend name under Act, s 473
   198.    Application to approve eligibility rule amendment
   199.    Application for approval of other amendment to rules under Act, s 478
           Division 5--Conduct of elections
   200.    Filing prescribed election information
           Division 6--Election inquiries
   201.    Application for election inquiry
           Division 7--Registers
   202.    Officers register
           Division 8--Exemptions
   203.    Application for exemption if federal ballot held
   204.    Application for exemption from keeping members register or officers register
   205.    Application for exemption from accounting or audit provisions
   206.    Application for exemption from accounting or audit obligations for an employer organisation that is a corporation
   207.    Application for exemption from requirement that electoral commission conduct election
           Division 9--Amalgamations and withdrawals
           Subdivision 1--Applications about ballots and objections
   208.    Application to submit proposed amalgamation to a ballot
   209.    Application to submit proposed withdrawal to a ballot
   210.    Application for amalgamation ballot exemption—number of members
   211.    Application for amalgamation ballot exemption—recognising federal ballot
   212.    Application for an exemption from holding a withdrawal ballot—recognising federal ballot
   213.    Application for approval for alternative ballot that is not a postal ballot
   214.    Notice of withdrawal
   215.    Notice of objection for amalgamations and ballot exemptions
   216.    Answering objections
           Subdivision 2--Form of ballot papers—regulation, s 97
   217.    Form of ballot paper
           Subdivision 3--Amalgamation or withdrawal ballot irregularities
   218.    Application for a ballot inquiry
           Division 10--Deregistration
   219.    Application for deregistration
           Division 11--Statistical information
   220.    Statistical information
           Part 15--Industrial agreements
   221.    Notice of intention to retire from agreement
           Part 16--General
   222.    Student's work permit
   223.    Aged or infirm person's permit
           Part 17--Fees
   224.    Fees in the court, commission or registry
   225.    Fees in Industrial Magistrates Court
           Part 18--Miscellaneous
   226.    Effect of failure to comply with rules
   227.     Form of notices
   228.    Searching and copying documents
   229.    Continuation of proceeding after 6 months delay
   230.    Lapse of proceeding after at least 1 year's delay
   231.    Striking out proceeding after at least 1 year's delay
   232.    Vacations and holidays
           Part 19--Repeal and transitional provisions
           Division 1--Repeal
   233.    Repeal
           Division 2--Transitional provisions
   234.    Definition for div 2
   235.    Continuance of proceedings
   236.    Continuance of practice notes
   237.    Continuance of appointment of lawyer or agent
   238.    References to Industrial Relations (Tribunals) Rules 2000
           SCHEDULE 1 -- FEES IN THE COURT, COMMISSION OR REGISTRY
           SCHEDULE 2 -- DICTIONARY


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