Industrial Relations (Tribunals) Rules 2011 amended
The Industrial Relations (Tribunals) Rules 2011 [IR Rules] were amended (commencing 1 July 2014) to provide a new business process for requiring disclosure of documents for non-parties.
Previously the IR Rules provided that a Member of the Queensland Industrial Relations Commission (QIRC) or the Industrial Registrar, on request of a party, could issue an Attendance Notice to Produce documents to a non-party. Non-parties were required to file the documents in the Registry. The Industrial Registry (Registry) was then obligated to register and maintain disclosed documents until after the hearing and the appeal period has ended.
The amendments change the processes at the Registry to remove the need for issuing of Attendance Notices to Produce and disclosure of documents by non-parties. These new provisions will ensure that a party can seek disclosure from a non-party directly.
Parties seeking disclosure of documents will be required to file with the Industrial Registrar, a Notice of Non-Party Disclosure requesting the nominated party to produce the documents requested.
These changes will make processes similar to the Uniform Civil Procedure Rules 1999 which apply to the Supreme Court.
Click here to access the new Rules [Rule 58 and Rules 64A to 64I].
New Approved Forms
In conjunction with the amendments to the IR Rules [Rule 58 and Rules 64A to 64L relating to non-party disclosure], new forms have been approved:
- Form 29 - Notice of Non-Party Disclosure
- Form 30 - Notice of Non-Party Disclosure (Appeals from Regulator)
- Form 31 - Certificate of Lawyer under Rule 64D
- Form 32 - Request for Attendance Notice
In addition, revised forms have been approved for:
- Notice - ss 548A(1) & 549 of the Workers' Compensation and Rehabilitation Act 2004
Form 9 - WCR Notice of Appeal
- Notice - section 229 of the Industrial Relations Act 1999 of an industrial dispute
Form 10 - Notice of Industrial Dispute
- Application - unfair dismissal remedy in accordance with Chapter 3, Part 2 of the Industrial Relations Act 1999
Form 12 - Application for Reinstatement (filed by Employee)
Form 12A - Application for Reinstatement (filed by Employee Organisation)
Form 12B - Employer Response to Application for Reinstatement
Click here to access all forms on the QIRC website.