Industrial organisations (unions) registered under the Industrial Relations Act 1996 (NSW) (IR Act) can represent their members in proceedings before the Industrial Relations Commission of New South Wales (Commission). Representation may be provided by an officer or employee of the organisation, who may also be an Australian legal practitioner.
A list of registered industrial organisations can be found on the Commission website. You can contact the registered industrial organisation(s) relevant to your industry to find out if you are eligible for representation.
A solicitor or barrister may act on behalf of a party. For some types of proceedings, legal practitioners can only represent a party with leave (permission) of the Commission. This includes conciliations, public sector disciplinary appeals and matters that are heard under the Commission’s small claims procedures. However, leave is not required where the Australian legal practitioner is an officer or employee of an industrial organisation or State peak council.1
An industrial agent is a person (other than an Australian legal practitioner or employee/officer of a registered industrial organisation) who represents a party in proceedings before the Commission for fee or reward. An industrial agent can only represent a party in conciliations and public sector disciplinary appeal proceedings with leave of the Commission. An industrial agent is required to file a certificate certifying that their client has reasonable prospects of success before it can represent an applicant or employer in unfair dismissal proceedings where compensation is sought as a remedy.2
Self-representation is where a party to proceedings appears at the Commission themselves. Such a person is also known as a ‘self-represented litigant’.
It is recommended that self-represented litigants seek legal advice before their proceedings start at the Commission. Registered industrial organisations and legal practitioners can provide some information about your claim and assist with the documents or forms that must be submitted.
There are a few considerations before deciding to represent yourself:
A party may seek leave for a non-legal representative (other than an employee or officer of an industrial organisation or an industrial agent) to represent them in proceedings before the Commission. A representative of this kind is known as a ‘lay representative’. Lay representatives should observe the same considerations outlined above in relation to self-represented litigants.
A self-represented litigant may appoint a registered industrial organisation, Australian legal practitioner or an industrial agent during proceedings.
Parties can change representatives while proceedings are underway.
It is important that you alert the Commission and other parties to any change in representation by filing a ‘Notice of Appearance’ or ‘Notice of Change of Solicitor or Appointment of Solicitor’. These and other forms can be accessed on the Commission website.
The organisations listed below may be able to help. The list is not comprehensive, and people are encouraged to make their own enquiries. The Commission does not support or encourage the selection of any organisation and cannot give legal advice.
Aboriginal Legal Service NSW/ACT
3/261-265 Chalmers Street 8/33 Argyle Street
Redfern NSW 2016 Parramatta NSW 2150
1800 765 767 02 8836 3400
8/33 Argyle Street
Parramatta NSW 2150
02 8836 3400
Community Legal Centres NSW
102/55 Holt Street
Surry Hills NSW 2010
02 9212 7333
First Nations Women’s Legal
PO Box 206
Lidcombe NSW 1825
02 8745 6977
1800 639 784 (rural)
Justice Connect
PO Box 436
Darlinghurst NSW 1300
02 8599 2100
Kingsford Legal Centre
Ground Floor, Faculty of Law and Justice
University of New South Wales
Sydney NSW 2052
02 9385 2227
LawAccess NSW (run by Legal Aid NSW)
323 Castlereagh Street
Haymarket NSW 2000
1300 888 529
Legal Aid NSW Head Office
323 Castlereagh Street
Haymarket NSW 2000
(02) 9219 5000
Legal Assistance Referral Scheme
Selborne Chambers
174 Phillip Street
Sydney NSW 2000
02 9232 4055
Legal Information Access Centre
State Library of New South Wales
1 Shakespeare Place
Sydney NSW 2000
Australia
02 9273 1414
NSW Legal Assistance Forum
PO Box A109, Sydney South NSW 1235
02 8227 3225
The NSW Law Society
170 Phillip Street
Sydney NSW 2000
02 9926 0333 (metropolitan area)
1800 422 713 (outside of the metropolitan area)
Women’s Legal Resource Centre
PO Box 206
Lidcombe NSW 1825
02 8745 6988
1800 810 784 (rural)
1 Industrial Relations Act 1996 (NSW) ss 166(2)-(4).; 2 Industrial Relations Act 1996 (NSW) s 90A.
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