INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
PRACTICE NOTE NO. 16
First Issue Date:
|
5 November 2004
|
Re-Issue Date:
|
1 February 2010
|
Re-issued pursuant to Section 185A of the Industrial
Relations Act 1996 and Section 15 of the Civil Procedure Act 2005.
Filing of
Documents in Computer-Readable Format
1. The purposes of
this Practice Note are:
(a) to facilitate
the processing of matters before the Industrial Relations Commission of New
South Wales by providing for, encouraging and requiring that documentation
filed in certain classes of matters by a party be accompanied by a copy of that
documentation in computer-readable format;
(b) to provide for
and encourage the use of technology in matters before the Commission; and
(c) to provide an
appropriate foundation for further use of technology in proceedings before the
Commission.
2. This Practice
Note has effect from the date of re-issue.
3. Except as
provided for by paragraph 7 of this Practice Note, it shall not apply to:
(a) proceedings
under s 84 (Unfair Dismissal), s 99 (Dismissal injured employee) or s 130
(Notification of Industrial Dispute) of the Industrial Relations Act 1996;
(b) proceedings
under section 106 of the Industrial Relations Act 1996 until such time
as a Certificate of Unsuccessful Conciliation is issued at which time both
parties will be required to file, within a period of 28 days, a copy of all
documentation filed in the proceedings in compliance with this Practice Note.
(c) parties to any
matter who are not represented by a barrister, solicitor, agent or industrial
organisation.
(d) annexures or
attachments to documents which are not, or not readily, available in computer
readable format; or
(e) in respect of
the following forms
·
Notice of Appearance
·
Notice of Discontinuance
·
Notice of Change of Solicitor
·
Certificate pursuant to section 198L of the Legal
Profession Act or undertaking to file such certificate
·
Copies of Summons under section 165 of the Industrial
Relations Act 1996 or Notices to Produce (Form 46)
4. For the purpose
of this Practice Note:
"computer-readable format" means an
electronic version of a document in such medium and in such format as to be
compatible with, and readable by, the computer system of the Industrial
Relations Commission of New South Wales from time to time and/or as specified
by the Industrial Registrar or the Registrar's delegate from time to time.
"compatible with, and readable by"
requires that documents be filed (on either diskette or CD-ROM) in any version
of
·
Microsoft Word (DOC) or
·
Rich Text Format (RTF)
and in relation to any annexures or attachments to
documents (which cannot be provided in the above formats)
·
Tagged Image Format (TIF)
·
Graphical Image Format (GIF) and
·
Joint Photographic Experts Group (JPG) are acceptable.
·
Portable Document Format (PDF) is not an
acceptable format
"matter" means any proceedings heard or to
be heard before the Commission.
"party" includes intervenor and any person,
firm, corporation, or organisation appearing, or seeking to appear or
intervene, in proceedings before the Commission.
5. A party to a
matter before the Commission must file a copy of any document lodged in that
matter in a computer readable format at the time of filing of the document. The
document provided by the party in electronic form shall contain the same text
as the paper copy. This paragraph
requires, amongst other matters, that any party seeking orders to be made (for
example, in respect of a matter where judgment has been delivered or where the
Commission directs short minutes of orders to be filed) must, when filing the
hard copy version of the proposed orders, also provide the document in a
computer readable format.
6. The electronic
version of the documents filed in the proceedings shall be labelled for
identification purposes and such label shall include the Matter Number, an
abbreviated Title and a list of the documents filed in computer readable
format. The documents shall be saved to the diskette or CD-ROM in such a way
that allows for easy recognition, for example:
(and should include the IRC matter number where one has been
allocated)
7. Notwithstanding
the foregoing, the Registrar or the Commission may, on application or
otherwise, direct one or more parties to a matter to file, or to file and
serve, all or any particular documentation in computer-readable format or may
waive the obligations of any party from complying in whole or part with the
requirements of this Practice Note.
8. In addition,
the Registrar or the Commission may in any matter, where application is made
therefor or in any case where it is considered appropriate, apply to the matter
the terms of Supreme Court Practice Note No SC Gen 7 (supreme Court - Use of
Technology, issued on 9 July 2008 in whole or in part, subject to conditions or
otherwise). A link to Supreme Court Practice Note No SC Gen 7 is provided on
the Commission's website.
9. In respect of
the following class of matters the compliance with paragraph 5 of this Practice
Note may be made by e-mail transmission to the specified address below and the
filing, in lieu of a diskette or CD-Rom, a copy of the transmission report:
·
matters to which Section 34 of the Industrial Relations
Act 1996 (re Enterprise Agreements) applies [by e-mail to:
irc_electronic_services@agd.nsw.gov.au];
·
matters to which Section 324 of the Industrial
Relations Act 1996 (re Contract Agreements) applies [by e-mail to:
irc_electronic_services@agd.nsw.gov.au];
·
matters to which Rule 6.3 of the Industrial Relations
Commission Rules 2009 applies (this rule requires that a copy of an Award or
Award Variation must be supplied in computer readable format) [by email to:
irc_electronic_services@agd.nsw.gov.au]; and
·
matters in which the Commission has directed that
submissions of parties be filed [by email to:
irc_client_services@agd.nsw.gov.au];
10. In respect of
the matters to which paragraph 9 applies the subject heading to the e-mail must
include the following:
·
Section 34 matters: The short title of the Enterprise
Agreement
·
Section 324 matters: The short title of the Contract
Agreement
·
Rule 6.3 matters: The title of the matter and the
Commission file number in format year/file number, for example, IRC2004/1000.
·
Submissions: : The title of the matter and the
Commission file number in format year/file number, for example, IRC2004/1000.
11. Although it is
essential that all aspects of this Practice Note are strictly observed it is of
particular importance that requirements under Rule 6.3 (that the
applicant must file a copy of the award in a computer-readable format) be
complied within the time specified by the Commission when the Award or
Variation is made as the Industrial Registry provides such material to the
Office of Industrial Relations immediately upon receipt for the purpose of that
Office's Pay Rate Update Service, its website and Award Enquiry Service.
Boland J, President
1 February 2010
____________________
Printed by
the authority of the Industrial Registrar.