Practice Direction No.9


Date:
11/11/02



INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
 
PRACTICE DIRECTION No 9
( Pursuant to Rule 89 of the Industrial Relations Commission Rules 1996)
 
FILING OF DOCUMENTS IN COMPUTER-REA DABLE FORMAT


1. The purposes of this Practice Direction 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 Direction shall come into force on Monday, 11th November 2002.


3. Except as provided for by paragraph 6 of this Practice Direction, 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) parties to any matter who are not represented by a barrister, solicitor, agent or industrial organisation.

      (c) Annexures or attachments to documents which are not, or not readily, available in computer readable format.


4. For the purpose of this Practice Direction:
      " 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 Registry (the Registry 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.

      " 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.


6. 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 Direction.

7. In addition, the Registrar or the Commission may in any matter, where application is made therefore or in any case where it is considered appropriate, apply to the matter the terms of Supreme Court Practice Note No 105 (Use of Technology in Civil Litigation, issued on 15 March 1999 and published at (1999) 46 NSWLR 25) in whole or in part, subject to conditions or otherwise. A copy of Supreme Court Practice Note No 105 is annexed.


Dated: 16th October 2002.
F. L. WRIGHT J, President.