Industrial Relations Commission of NSW

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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