Protocol regarding delivery and any delay in decisions

Purpose

1. This protocol publishes the anticipated timeframes within which the Industrial Relations Commission of New South Wales (Commission) aims to issue its decisions and the procedure by which parties can inquire about any delays.

Application

2. This policy applies to all parties that appear before the Commission including the Commission in Court Session.

Expected decision timeframes

3. The Commission aims to hand down all decisions within 3 months of the final hearing date or close of written submissions.

4. Large or complex matters including appeals may require more time, but no decision should take longer than 6 months to hand down. 

Delayed decisions

5. An enquiry regarding the status of a decision that remains outstanding beyond the expected timeframes can be put in writing and emailed to the President’s Associate at chambers.taylor@courts.nsw.gov.au.  In respect of a decision in a matter before the President the query should be sent to the Registrar at karen.jones2@courts.nsw.gov.au.

6. The enquiry should include the following details:

• the name and brief description of the proceedings and the case number;
• your role in proceedings (eg applicant, respondent, legal representative for the second respondent etc);
• the length of the proceedings;
• the date upon which the decision-maker reserved judgment; and
• any urgency as to the reserved judgment.

7. The letter should be copied to all parties to the proceedings.

8. Upon the letter being received the decision-maker will be contacted, without revealing the identify of the person raising the inquiry.

9. The parties will receive a response in writing, which will ordinarily identify a date by which the decision is expected to be handed down. 

Justice Taylor
President
28 February 2025