Industrial Relations Commission Regulations 2005

An application for evidence to be taken, or submissions to be made, by video-link or telephone may be made in writing to the Commission citing the distinguishing number of the proceedings to which it relates.

An application made during the course of proceedings may be made orally.

The application must include —

the reasons why such a procedure is sought; and

the nature of the evidence to be taken or submissions to be made; and

the expected duration of the evidence or submissions; and

in the case of an application to take evidence —

the number of witnesses proposed to be examined by video-link or telephone; and

whether issues of credit are likely to be raised;

in the case of submissions, the expected duration of the submissions; and

the facilities available for such a procedure or that can reasonably be made available; and

an undertaking to meet the costs involved.

As soon as practicable after the application is filed the Registrar must serve a copy of the application on the other party or parties.

In deciding whether to grant the application, the Commission may take account of the matters set out in the application in addition to any other matters considered to be material, including cost, convenience to witnesses and all parties and the availability of the necessary facilities both within the Commission and at the remote location.

If the Commission determines that it is appropriate to hear evidence or receive submissions by video-link or telephone, the Registrar may be directed to arrange and coordinate the appropriate facilities.

Without limiting the generality of subregulation (6), the Commission may direct that the party making the application give the Registrar such written undertaking regarding payment of the costs as the Registrar requires.

The Commission may waive all or part of the costs involved in taking evidence by video-link or telephone.