Industrial Relations Act 2016

This section applies if a person (the sender) is required or permitted to give a document, including, for example, a written notice, to another person (the receiver) under this Act, other than a document to be given, filed, received, issued or sent in a proceeding before the court, commission or Industrial Magistrates Court.

Note—

Under section 551, the rules may provide for the filing, receiving, issuing or sending electronic documents by the court, commission or Industrial Magistrates Court.

Unless the contrary intention appears, the sender may satisfy the requirement or permission by giving the notice or other document electronically to the receiver in a way that the receiver is able to receive the document.

A sender is taken to have sent a written notice or other document electronically—

when the notice or document leaves the information system under the control of the sender; or

if the notice or document has not left an information system under the control of the sender—when the notice or document is received by the sender.

A receiver is taken to have received a written notice or other document sent electronically—

if the receiver has designated an electronic address for receiving documents—when the notice or document is capable of being retrieved by the receiver at the electronic address; or

if the receiver has another electronic address where documents may be received—

when the notice or document has become capable of being retrieved by the receiver at the electronic address; and

when the receiver has become aware that the notice or document has been sent to that address.