Download or print this PDF checklist to help guide you in preparing for a hearing.
Hearings are a formal legal process that occur before a Member of the Industrial Relations Commission of New South Wales (Commission) (Commission Member). Hearings held before the Commission when not in Court Session (Industrial Court of NSW) are also referred to as arbitrations.
The Commission Member listens to the evidence presented and gives parties an opportunity to respond to issues raised during the hearing. The Commission Member will make a decision based on the facts and the law. Parties must follow the rules and standard procedures which are designed to ensure proceedings are conducted fairly and promptly.
A civil matter will be timetabled for a hearing if the parties fail to resolve the issues in dispute at conciliation. A criminal matter will go through several steps, such as a mention or directions hearing, before it is timetabled for a hearing.
The length of the hearing will depend on the type of matter, the complexity of the issues, the evidence and the number of witnesses.
The hearing will be held at the Commission’s premises either in Sydney’s CBD or Parramatta. Parties are expected to check the online court list to know details about the hearing such as the location, name of the parties, time of the hearing and the name of the Commission Member who will hear the matter.
The Commission may, on request, and for a good reason, provide an audio-visual link (AVL) to parties and witnesses to appear or participate in proceedings remotely, however there is a presumption that parties and their witnesses will appear in person at a hearing. Parties wishing to apply for AVL access should have regard to the Protocol on the use of audio-visual links.
Anyone can attend to observe because hearings are open to the public. There must be exceptional circumstances for a hearing to be conducted in closed court.
The name of the parties in a hearing, facts of the case and reasons for the Commission Member’s decision will be published online, unless non-disclosure orders are obtained pursuant to s 164A of the Industrial Relations Act 1996 (NSW).
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