Industrial Relations (Tribunals) Rules 2011 (Qld)

Industrial Relations (Tribunals) Rules 2011

Part 1 Preliminary

1 Short title These rules may be cited as the Industrial Relations (Tribunals) Rules 2011.

2 Commencement These rules commence on 1 January 2012. Note— From 1 March 2017, these rules continue to have effect as if they were made under section 551 of the Act—see section 1025 of the Act.

3 Definitions The dictionary in schedule 2 defines particular words used in these rules.

4 What a reference to application, application to appeal or applicant includes (1) A reference in part 2, other than rule 8, and in rules 229 to 231— (a) to an application includes a reference to— (i) a notice of appeal under an appeal Act; and (ii) a complaint referral; and (b) to an applicant includes a reference to an appellant to an appeal under an appeal Act. (2) A reference in part 5 to an application to appeal includes a reference to a notice of appeal under an appeal Act.

5 Proceedings to which rules apply These rules apply to a proceeding before the court, the commission, a magistrate or the registrar. Note— For the meaning of magistrate, see the Act, schedule 5.

6 Purpose of rules The purpose of these rules is to provide for the just and expeditious disposition of the business of the court, the commission, a magistrate and the registrar at a minimum of expense.

Part 2 Proceedings before court, commission or registrar

Division 1 Application of pt 2

7 Application of pt 2 This part applies to a proceeding before the court, commission or registrar.

Division 2 Procedures

Subdivision 1 Starting proceedings

8 Starting proceedings (1) A proceeding must be started by an application in the approved form. Note— See rule 4. (2) However, subrule (1) does not apply— (a) to a proceeding started by a notice of appeal under an appeal Act; or (b) if the court, commission, registrar or these rules require otherwise; or (c) to a proceeding started on the initiative of the commission or registrar; or Note— For proceedings started on the initiative of the commission, see rule 99. (d) to a proceeding started as directed by the Minister under the Act; or (e) to a proceeding arising out of the giving of a notice of industrial dispute under section 261 of the Act; or (f) to a proceeding started by a complaint referral. (3) For these rules, each of the following is a document starting a proceeding— (a) an application to appeal; (b) a notice of appeal under an appeal Act; (c) a complaint referral. (4) A notice of appeal under an appeal Act must— (a) for an appeal to the commission under the Workers' Compensation and Rehabilitation Act 2003—be in the WCR approved form; or (b) otherwise—be in the approved form. (5) A complaint referral must be in the approved form. (6) A proceeding, other than a proceeding started by a notice of appeal under an appeal Act or an application for a WHS review, starts when the document starting the proceeding— (a) is filed or otherwise received under the Act or these rules; or (b) for a document issued by the court, commission or registrar—is issued. Notes— A proceeding started by a notice of appeal under an appeal Act, or an application for a WHS review under the Work Health and Safety Act 2011, starts as provided under that Act. (7) In this rule— WCR approved form means an approved form for use for notices of appeal to the commission under the Workers' Compensation and Rehabilitation Act 2003.