Industrial Relations Commission of NSW

Tips


Two C’s

Be clear and concise. Short, sharp statements are invariably better than long-winded explanations. 

Refer to notes

Have with you notes with headings that you can refer to when making your submissions or answering questions.

Have the documents Have with you your own copy of all the documents that have been provided to the Commission for the hearing in case you need to refer to them.

Titles

Refer to the decision-maker as ‘your Honour’ (for a judge), Commissioner (for a member of the Commission who is not a judge) or Registrar, as the situation requires. The representative for the other party may be referred to by their surname or their role in the proceedings (applicant/respondent). 

Answer the question

While you are making submissions the decision-maker will ask you questions so they can understand your case better.  If they do, stop speaking and answer the question. Do not get frustrated, distracted, talk over or interrupt the decision-maker.  It is acceptable to pause to gather your thoughts before answering the question. 

Do not make up an answer. You can ask the decision-maker to clarify their question if you do not understand. If you need time to answer, consider asking “Commissioner, I am unable to answer that question immediately. Can I provide an answer after the next adjournment (break)?”.  

Be polite and respectful

Do not make jokes, belittle witnesses or the other party or be rude or aggressive. It will not assist your case.  

While the other party is putting their submissions do not interrupt or make comments.  You can respond when it is your turn.

Provided you are able to do so, stand whenever you are speaking, and sit down when you are not speaking.

Mistakes

You need not be concerned if you make a mistake provided you correct it.  Take a breath and clarify your statement or correct the mistake. You can do so by saying “Commissioner, I withdraw that submission” and starting your statement again. Do not just skim over the error and hope no one will notice.

Last updated: