Filing Changes: Industrial Relations Commission documents and Local Courts of New South Wales

8 April 2022

The primary location for filing documents in the Industrial Relations Commission is at the Registry, Level 10, 10 Smith Street, Parramatta.

The Commission has an arrangement with the Local Courts of New South Wales whereby documents which would, in normal circumstances, be required to be filed at the Registry have been accepted in the Local Courts.

Over recent months, there have been difficulties and delays with this arrangement outside the control of the Commission which have impacted on the Commission members’ ability to hear and determine matters.

Following consultation with the Commission’s User Group, the Commission has decided to vary the arrangement with the Local Courts such that from 9 May 2022, only initiating process documents or applications which must be filed within a time period specified by legislation (including but not limited to Unfair Dismissal applications, victimisation claims, and applications for review of removal pursuant to s 181D of the Police Act 1990) may be filed at the Local Courts. Provided that these applications comply with all procedural requirements specified by legislation and by the Commission they will be taken to be filed at the Commission on the date they are received by the Local Court.  All other applications and Commission documents, including evidence and submissions, must be filed in-person at 10 Smith Street, Parramatta or via post, unless leave has been granted by the Commission for other filing arrangements.

Any documents, other than initiating process documents as set out above, that are accepted in error by Local Courts on or after 9 May 2022 will be deemed filed on the date they are received at the Registry in Parramatta.

It is expected that on-line filing of Unfair Dismissal Applications and the Employer’s Reply will be available from early May 2022. Once these documents are available for on-line filing then the Commission may make further variations to the arrangements for filing Commission documents in Local Courts.

N J Constant
Chief Commissioner