Protocol on the use of audio-visual links

The following protocol applies to proceedings before the Industrial Relations Commission of NSW (Commission) and the Industrial Court of NSW (Court).

The Commission and the Court may, on request, provide an audio-visual link (AVL) to parties and witnesses to appear or participate in proceedings remotely. They are also able to provide an AVL link to media organisations and other observers who wish to merely observe proceedings.

There is a presumption that hearings will be in person and that parties and their witnesses will appear in person.¹ An application to appear and participate in in-person Commission proceedings by AVL will only be granted where there is a good reason. Such applications will be considered on a case-by-case basis and at the discretion of the presiding decision-maker.

Media organisations can obtain an AVL link to observe proceedings on request. Such requests may be refused by the relevant decision maker at their discretion. If granted they are subject to any determination and/or direction of the relevant decision-maker during the proceeding.

Parties or other interested persons who wish to obtain an AVL link to observe (but not participate) in proceedings by AVL can make a request to have identified persons observe. Such requests will ordinarily be granted, but only for those who are named in advance.

Parties who would like the proceedings made available for interested persons generally to observe by AVL, such as major award proceedings, can apply for the Commission to have the proceedings broadcast via the Commission’s YouTube channel. Such applications may be unable to be granted if made with less than 3 working days’ notice.

AVL-only listings

The Commission’s practice is to list matters in person. The Commission can and will sit in regional locations to allow that to occur.

To minimise cost and inconvenience to parties some directions hearings, short report back hearings or Registrar’s lists may be listed for an AVL-only hearing. Otherwise an AVL-only hearing will be listed at the discretion of the decision-maker only in exceptional cases where it is in the interests of justice to do so having regard to the need for matters to be determined in a manner which is just, quick and cheap. AVL only hearings will be available to the public to observe by requesting a link.

General requirements

When appearing in or observing proceedings by AVL, all Commission or Court procedures and protocols are to be followed as if you are present in the court room in person. The presiding decision-maker may at any time determine to cease the AVL connection either generally or to a particular person at their discretion. All non-party observers, including media, will be disconnected from the AVL link when parties go into private conference during a conciliation.

Only approved recipients may use the AVL. Approved recipients must not circulate, share or publish the AVL access details.

Approved recipients must comply with the following requirements:

• When logging in via AVL, you must identify yourself using the correct naming conventions.
• You must not use a recording device to record any part of Court or Commission proceedings which you are observing, whether in person or by AVL. Under section 9 of the Court Security Act 2005, the use of any device to record images or sound (or both) in the premises of the Court or Commission is prohibited. This includes any place being used to enable a person to appear before the Court or Commission by means of AVL. Maximum penalties of $22,000 or 12 months imprisonment (or both) apply.

Telephone hearings

Matters not listed in person may be listed for a telephone hearing where AVL is not available or suitable.  When joining a telephone hearing, parties are immediately audible in the Virtual Courtroom. Parties should mute the audio on their devices until their matter has been called. Representatives from a party may dial into the proceedings from separate phone numbers or on a single line. Once called upon, it is important to identify who is present on the phone.

AVL for media and other observers

The primary means by which media organisations and individual journalists may observe proceedings is by attending open proceedings in person.

The Court or Commission will provide Virtual Court links to its proceedings for journalists. It may also provide links for other interested observers for whom personal attendance is not practicable, at the discretion of the presiding decision maker.

The Virtual Court links automatically mute microphones and disable cameras, enabling the observer to see and listen to, but not interrupt or participate in proceedings. The Virtual Court URL links include the reference “id=10190”, which distinguish them from AVLs used by participants (ie, counsel, parties and witnesses).

Once observers click the Virtual Court link, they will enter a virtual lobby. The court officer will grant observers access to the AVL system (ie, view the proceedings) if:

• The observer has requested and been granted access to the AVL system by the Commission either individually or as a named individual at the request of a party; and
• The observer has used the correct naming convention. The naming convention is: Full name and relevant organisation (Example: “Jane Doe – ABC” for media;“ John Doe – Unions NSW” for other observers such as members of an industrial organisation that is a party to the proceedings).

At the opening of each hearing, the presiding decision-maker will issue the following reminder to observers using the AVL link.

“Individuals who wish to observe the proceedings via the AVL system online are reminded that they must comply with the Commission’s AVL Protocol. Access to the AVL system will only be granted if observers have requested and been granted access to the AVL link either individually or with a party. Access will not be granted to anyone who has not properly identified themselves using the correct naming convention. Observers are reminded that it is an offence to use any device to record images or sound (or both) in the premises of the Industrial Relations Commission. This includes any place being used to enable a person to appear before the Commission by means of AVL.”

AVL for participants: counsel, parties and witnesses

Once the Court or Commission has determined to permit the use of its AVL system to participate or appear, the party requesting the AVL is responsible for coordinating and notifying all participants of relevant details, such as venue, commencement time, duration and the contents of this protocol.

The chambers of the Judge or Commissioner, or the Registry, will provide the party requesting the AVL with a participant link to connect to the AVL system. The AVL link should not be shared with anybody else.

This link will enable the participant to appear in the proceedings with live microphone and camera.

The requesting party may contact the decision-maker to test the AVL and confirm participant details at the site prior to the hearing.

For the participants or witnesses appearing remotely by AVL:

• Check the date and time you are required to appear (noting any change in date and/or time due to daylight savings, time or date zone location) and log in 10 minutes before the required time.
• Be in a quiet and private location to limit interference from background noise. All participants in the Virtual Courtroom are strongly recommended to use headphones (+ microphone) on their device to minimise external noise interference. The use of external speakers is not recommended due to audio feedback issues.
• Ensure that there is sufficient and reliable internet coverage and connection on your device.
• Ensure your device has a working camera. AVL requires a camera to be enabled. When clicking on the video link, the application will ask permission to utilise your device’s camera and audio/microphone – click “allow”.
• When you log in enter your first and last name. You can include a relevant title: eg Professor Jane Doe. This will be displayed in the courtroom.
• Test your device’s ability to connect to the system via https://avl.justice.nsw.gov.au/invited.sf?id=10091500&secret=Tla.N04VLX3odSANhwXrSA. This link will play video and music that you should be able to see and hear. It will also mirror back the image from your camera in a “picture-in-picture” box, and an audio meter displays sound levels received from your microphone.
• All court procedures and protocol are to be followed as if you were in court in person.
• Refrain from speaking over the advocate or the decision-maker as much as practical to assist with the court’s transcribing process.
• If you are the witness:
  • Ensure there is no-one else in the room with you, or alternatively at the start identify who is in the room with you;
  • The party requesting the AVL is to ensure that you are provided copies of any material which you are required to have access to. You will be asked at the outset what written materials you have with you.
• If you are the advocate:
  • announce your appearance by saying and spelling your name for the transcript;
  • ensure all relevant materials you intend to rely upon or refer to have been made available to the Court beforehand; and
  • ensure you have capacity to be able to communicate privately to your client.

IRC’s YouTube channel

In selected matters of high public interest, the Court or Commission may at its own initiative or at the request of a party provide access by live streaming the proceedings on the Industrial Relations Commission’s YouTube channel. Parties will be given the link so that they can publish it.

To see whether a hearing will be live streamed, check the Court List, which is updated every afternoon for the next business day.

Upon the conclusion of the proceedings there will be no access to any record of the live stream on this channel.

Witnesses appearing by AVL from Overseas

It should not be assumed that a citizen from another country is permitted by the law of that country to be examined before a NSW judicial officer by means of AVL. Where it is desired to take evidence from witnesses located in other countries, it is the responsibility of the party seeking to use AVL to ensure that there is no impediment to the taking of evidence by AVL from the country concerned by:

• contacting the Department of Foreign Affairs and Trade (DFAT) to seek advice and or assistance in obtaining permission for the taking of evidence by AVL;
• arranging with a contact in the country (eg, a law firm acting on their behalf) concerned to determine the position of that country’s government in relation to this question; and/or
• undertaking its own research into this question.

For appearances from overseas, particular countries may have a requirement that any oath or affirmation to be taken by a witness must accord with local custom or law. Unless otherwise advised by the parties the Court will proceed on the basis that the witness who is overseas will take the oath of affirmation in accordance with NSW law.

AVL in the Court

The above protocol applies to AVL when used in Court proceedings other than to the extent modified by this section.

Evidence can only be given and submissions can only be made by AVL if the Court is able to see and hear the person giving the evidence or making the submission, and vice versa: Evidence (Audio and Audio Visual Links) Act 1998 (NSW), s 20B (AVL Act).

If an AVL fails during the proceeding, the Court may adjourn or make other orders as are appropriate as if the persons who were using AVL were in-person: AVL Act, s 20D.

If a document has to be put before the person appearing via AVL, the document can be transmitted to that person electronically: AVL Act, s 20E(a). If the person appearing via AVL has the document, the document can be emailed to the court officer: AVL Act, s 20E(b).

AVL for criminal defendants

An accused detainee in any criminal proceeding must not give evidence or make a submission by AVL in relation to the detainee concerning an offence alleged to have been committed by the detainee: AVL Act, s 5B(2A).

An accused detainee who is charged with an offence and is required to appear before the Court in physical appearance proceedings concerning the offence ordinarily cannot appear by AVL: AVL Act, s 5BA(1). Conversely, an accused detainee who is charged with an offence and is required to appear before the Court in criminal proceedings concerning the offence (other than physical appearance proceedings) ordinarily must appear by AVL: AVL Act, s 5BB(1). The Court can make a direction to the opposite effect if it is satisfied that it is in the interests of the administration of justice for the accused detainee to do so: AVL Act, ss 5BA(5), 5BB(4).

The Court will provide facilities for private communication between an accused detainee appearing by AVL and that person’s representative, if the representative is appearing in person: AVL Act, s 5BC.

Witnesses appearing before the Court by AVL in NSW

A remote witness/expert in Court proceedings does not need to use a religious text to take an oath: Evidence Act 1995 (NSW), s 24.

The following witnesses will ordinarily give evidence to the Court by AVL, unless otherwise directed by the Court:

• A member of staff of the Government Service or NSW Health Service or a person employed in or engaged by any government agency who has provided an expert’s report or is called as an expert to give opinion evidence.
• A member of the NSW Police Force called to give evidence in proceedings to corroborate evidence in chief given by another member of the NSW Police Force for the prosecution: AVL Act, s 5BAA(5).

The Court may however direct those witnesses to give evidence to the Court in person if it is satisfied that the evidence to be given is likely to be contentious and it is in the interests of the administration of justice: AVL Act, s 5BAA(4).

The Hon Justice Ingmar Taylor
President
27 May 2025

 1. Note, in matters before the Court a member of staff of the Government Service or NSW Health Service giving expert evidence or a member of the NSW Police Service giving corroborative evidence must give evidence by AVL unless otherwise directed: see the ‘AVL in the Court section at the end of this document.