Industrial Relations Commission of NSW

Evidence


What is evidence? 

Evidence can be any document, statement, or physical evidence that is relevant to a fact or legal issue in dispute.  

Type of Evidence 

Oral evidence 

A witness can be called to give oral evidence at a hearing before the Industrial Relations Commission of New South Wales (Commission). The person may be questioned by the party who asked the witness to attend, or who issued a summons for their evidence (referred to as examination-in-chief), questioned by the opposing party to test their evidence (cross-examination) and then asked further questions by the first party to clarify any issues raised by their answers in cross-examination (re-examination).

Documentary evidence 

Documentary evidence is any record of information and includes information in the following form:

  • an affidavit;
  • a statutory declaration;
  • a witness statement;
  • other forms of writing, such as a contract or diary entry;
  • electronic material records, such as sounds, images or writing; and
  • a map, plan, drawing or photograph.

Other evidence 

Physical objects and materials can be admitted as evidence. For example, a piece of equipment, may be produced for the Commission to consider.

The Evidence Act 1995  

The Evidence Act 1995 (NSW) (Evidence Act) sets out rules that courts and tribunals must apply when they determine whether evidence can be given to the court or tribunal, and how it can be used by them. 

The Evidence Act applies to civil proceedings and criminal defended hearings heard by the Industrial Court. It does not apply to criminal sentence proceedings unless an application is made for it to apply. 

Proceedings before the Industrial Relations Commission are less formal.  It is not bound by the rules of evidence and may inform itself on any matter in any way that it considers to be just. While the Evidence Act does not apply to Commission proceedings, it can be used as a guide to how the Commission should conduct itself. In particular, the Commission will ordinarily reject evidence that is not relevant to any issue that has to be determined.

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