Industrial Relations Commission Regulations 2005

This regulation applies if a public service officer refers a decision mentioned in section 36AA(2)(b) of the Act to the Commission under section 29(1)(g) of the Act.

The referral must be made by application that —

is in the approved form; and

includes —

the facts giving rise to the referral; and

the question to which an answer is required, if any;

has attached to it the particulars approved by the Chief Commissioner from time to time.

If the decision is referred to the Commission after the time required by section 29(2)(b) of the Act, the application must also have attached to it a statement from the applicant setting out the facts on which the applicant relies to show why it would be unfair for the Commission not to accept the referral.

Unless the Commission otherwise directs, the Registrar must, as soon as practicable after the application is made, serve a copy of the application and any attached documents on the public service officer’s employing authority or former employing authority.

An employing authority or former employing authority that is served with a copy of the application and that wants to respond to the application must file a response in the approved form within 21 days after being served with a copy of the application.

Unless the Commission otherwise directs, the Registrar must, as soon as practicable after a response is filed, serve a copy of the response on the public service officer.