Delegation to the Industrial Registrar

Delegation to the Industrial Registrar under section 13 of the Civil Procedure Act 2005, section 162B of the Industrial Relations Act 1996 and Rule 2.2 of the Industrial Relations Commission Rules 2022.

Pursuant to section 13 of the Civil Procedure Act 2005 and Part 2.2 of the Industrial Relations Commission Amendment (Industrial Court) Rules 2024, I direct with effect from 1 July 2024 that an Industrial Registrar of the Industrial Relations Commission (including a person acting as the Industrial Registrar in accordance with Part 10 of the Industrial Relations Act 1996) may exercise the functions of the Industrial Relations Commission as stated in Parts 1 to 3 of the schedule to this direction.

Dated: 1 July 2024

Justice I Taylor
President
Industrial Relations Commission and Industrial Court

SCHEDULE

Part 1

The functions of the Commission as provided for in Column 1 but subject to the restriction (if any) mentioned in Column 3.

The matter in column 2 is inserted for convenience of reference only and does not affect the operation of the direction.

Civil Procedure Act 2005

Column 1	Column 2	Column 3
Section	Description	Restriction
Section 14	Dispense with rules in particular cases	Restricted to those matters which a registrar may deal with
Section 61(1), (2), and (3)(f) and (g)	Directions as to practice and procedure
Section 64	Amendment of documents	Restricted to those matters which a registrar may deal with
Section 65	Amendment of originating process after the expiry of limitation period	Restricted to those matters which a registrar may deal with
Section 66	Adjournment of proceedings
Section 67	Stay of proceedings	Restricted to those matters which a registrar may deal with
Section 68	Attendance and production
Section 86	Orders and terms	Restricted to those matters which a registrar may deal with
Section 98	Costs	Restricted to those matters which a registrar may deal with unless the matter has been referred in accordance with Part 3 of this Schedule

Uniform Civil Procedure Rules 2005

Column 1	Column 2	Column 3
Section	Description	Restriction
Rule 1.12	Extension and abridgment of time
Rule 1.13	Fixing time
Part 2	Case management generally	Except a direction or order the subject of a restriction elsewhere in this direction.
Rule 4.10(4)	Rejection of documents
Rule 4.13	Place for filing
Rule 7.3	Leave to an unrepresented litigant to issue subpoena
Rule 7.15(5)	Leave to replace tutor in proceedings
Rule 7.18	Appointment and removal of tutor
Rule 7.21	Striking out appearance of person sued in a business name
Rule 7.22	Leave to proceed before amendment made
Rule 7.29	Withdrawal of solicitor
Rule 8.1	Venue at which proceedings to be heard
Rule 10.1	Service of filed documents
Rule 10.2	Service of affidavits	Restricted to those matters which a registrar may deal with
Rule 10.7	Orders as to the giving of notice by the Court or Commission
Rule 10.14	Substituted and informal service
Rule 10.16	Service on person in default by filing
Rule 12.1 and 12.3	Leave to discontinue
Rule 12.4	Stay of further proceedings to secure costs of discontinuance of proceedings
Rule 12.5	Leave to withdraw an appearance
Rule 12.7(1)	Dismiss proceedings for want of due despatch by applicant	Provided at least one month's notice of the proposal to make such an order has been given to the applicant
Rule 12.10	Stay to secure costs after dismissal-
Rule 13.4	Frivolous and vexatious proceedings
Rule 13.6	Dismiss for non-appearance of applicant
Rule 14.2	Dispense with further pleadings
Rule 14.3	Time for filing defence
Rule 14.5	Further pleadings
Part 15	Particulars	Except for an order to dismiss the proceedings under UCPR 15.16
Part 18	Motions	Restricted to those matters which a registrar may deal with
Part 19	Amendment	Restricted to those matters which a registrar may deal with
Part 21	Discovery/Inspection/Production	If proceedings are before the Commission otherwise than in Court Session, only to the extent to which the Commission has ordered that this Part applies
Rule 28.5	Consolidation, etc
Rule 29.3	Time and place of trial
Rule 31.4	Service of witness statements
Rule 31.20(2)(a)	Time for service of experts' reports	Only in respect of proceedings before the Court
Part 33	Subpoenas (Summonses)
Part 34	Notices to produce at hearing	If proceedings are before the Commission otherwise than in Court Session, only to the extent to which the Commission has ordered that this Part applies
Rule 35.1	Using irregular affidavit
Rule 35.2	Cross examination of Deponent	Restricted to those matters which a registrar may deal with
Rule 35.9	Filing of affidavit
Rule 36.1A	Consent Orders	Restricted to those matters which a registrar may deal with
Rule 36.11	Entry of judgment or orders	Unless the Court or Commission directs entry to be effected in a specific manner
Rule 36.14	Service of Judgment or Order	Restricted to those matters which a registrar may deal with
Rule 36.17	"Slip rule"	Restricted to those matters which a registrar may deal with
Rule 36.18	Variation of judgment or order against party operating under unregistered business name

Part 2

The functions of the Commission as provided for in Column 1 but subject to the restrictions (if any) mentioned in column 3.

The matter in column 2 is inserted for convenience of reference only and does not affect the operation of the direction.

Industrial Relations Act 1996

Column 1	Column 2	Column 3
Part and/or section	Description	Description
Section 164A	Non-disclosure orders	By consent of the parties or expressly unopposed until the first available hearing before a Judge or Commissioner
Section 170	Amendments and Irregularity of proceedings	Restricted to those matters which a registrar may deal with
Section 379	Small claims procedures	Subject to any Practice Note issued by the President

Industrial Relations Commission Rules 2022

Column 1	Column 2	Column 3
Part and/or section	Description	Restriction
Rule 2.7	Access to documents	Subject to any Practice Note issued by the President
Rule 4.1	Entering an appearance
Rule 4.7	Costs generally
Rule 7.7	Appeal Books	Subject to any Practice Note issued by the President
Rule 7.8	Issue of summons in appeal proceedings
Part 7A	Proceedings for recovery of money and civil penalties	Subject to any Practice Note issued by the President
Part 8	Small claims applications	Subject to any Practice Note issued by the President

Part 3 General

1. Orders under the following legislation as provided for in Column 1, but subject to restrictions (if any) mentioned in column 3.

The matter in column 2 is inserted for convenience of reference only and does not affect the operation of the direction.

Criminal Procedure Act 1986

Column 1	Column 2	Column 3
Part and/or section	Description	Restriction
Chapter 4, Part 5	Case management generally	Subject to any Practice Note issued by the President

Court Suppression and Non-publication Orders Act 2010

Column 1	Column 2	Column 3
Part and/or section	Description	Restriction
Section 10	Interim suppression order or non-publication order	By consent of the parties or expressly unopposed until the first available hearing before a Judge

Fair Work Act 2009 (Cth)

Column 1	Column 2	Column 3
Part and/or section	Description	Restriction
Sections 545(3) and 546(1)	Case management generally	Restricted to those matters which a registrar may deal with

2. Any judgment by consent and any order by consent.

3. Accepting an undertaking given to the Commission for the payment of a sum of money within a time specified in the undertaking.

4. Certifying a copy of a document to be a true copy where the registrar is authorised under any Act or Commonwealth Act or under the rules to issue or furnish a certificate or office copy of the document.

5. Accepting an undertaking, or the continuation of an undertaking, given to the Court or Commission.

6. A registrar may exercise the functions of the Commission for the purposes of, and in respect of all matters incidental to, the exercise of the registrar's powers under any Act, under any other provision of the rules and/or regulations, or under this direction.

7. Call-overs, directions and/or compliance check hearings, readiness hearings, pre-hearing conferences, the recording of pleas and setting matters down before the Commission.

8. Any matter which a Judge or Commissioner may conduct or deal with and is referred to a registrar by order of a Judge or Commissioner.

Last updated: 17 June 2025

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Schedule
Part 1
Part 2
Part 3 - General