Industrial Relations Commission Regulations 2005

In any proceedings, the Commission may of its own motion or on application by a party to the proceedings give directions to any party to serve on each other party in the proceedings —

a written statement of the oral evidence that the party intends to adduce in chief on any issues of fact to be decided at the hearing; or

a written outline of that evidence.

An application may be made orally or in writing to the Commission citing the distinguishing number of the proceedings to which it relates.

If the application is made in writing, the Registrar must, as soon as practicable after the application is filed, serve a copy of the application on the respondent.

Where the Commission directs that each party serve a written statement of the oral evidence that the party intends to adduce in chief, the Commission may require the statements to be served simultaneously.

Where the party serving the statement calls the witness at the hearing —

the party is not, except with the leave of the Commission, to adduce evidence from the witness, the substance of which is not included in the statement served, except in relation to matters contained in a written statement served by another party or in relation to new matters that have arisen in the course of the hearing; and

the Commission may direct that the statement served, or part of it, is to stand as the evidence, or part of the evidence, in chief of the witness; and

whether or not the statement or any part of it is referred to during the evidence in chief of the witness, any party may put the statement or any part of it in cross‑examination of the witness.