This guide sets out the arrangements for those wishing to use videoconferencing in proceedings before the Commission.
The NSW Industrial Relations Commission
provides the facilities for the delivery of videoconferencing services in proceedings before the Commission. Through these facilities the IRC is able to provide a direct video link between all capital cities as well as to many regional locations throughout NSW and Australia.
The current videoconference service is delivered by ISDN (Integrated Services Digital Network) offering a high quality secure and reliable audio-visual link for the delivery of videoconferencing services.
Parties contemplating the use of a videoconferencing link should follow the following steps:
Where the video link is made
to the remote site, parties will be invoiced for
relating to the videoconference at the completion of the link. For a video link made
the remote site
to the IRC there is no call charge.
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It is the responsibility of the party or organisation requesting the videoconference link to coordinate the booking of the remote site and notify all participants of details of the videoconference link, such as venue, commencement time, duration and other relevant requirements or duties. Parties will need to take into account possible time changes in both the overseas country and Australia.
Parties are requested to attend the courtroom where the conference will take place 15-20 minutes prior to the commencement of the videoconference link to enable the court officer to:
Where the videoconference link relates to the taking of evidence in a court hearing, the party or organisation requesting the link is to ensure that a Bible or alternative (e.g. Koran) is available at the remote videoconference link site for the swearing in of participants / witnesses and interpreters.
It is the responsibility of the parties to ensure that consideration is given to the requirements in particular countries that any oath or affirmation to be taken by a witness accords with local custom, and not the usual form of oath or affirmation taken in Australia.
The parties must also consider who needs to be in attendance with the witness (e.g. an official from a local court, another person acceptable to the Commission or no one). It may be advantageous for the parties to consider the participation of another person in attendance with the witness, as this person could perform activities such as administering the oath or affirmation (if authorised to do so) and ensuring that the witness does not receive any unauthorised assistance.
Parties should ensure that the remote witness is briefed beforehand on the courtroom practices, for example, taking an oath or affirmation (which would normally be administered in the Court room) and not responding until directed to do so by the judicial officer when an objection is taken.
Parties should arrive 15-20 minutes prior to the commencement of the videoconference link to be available when the court officer makes an initial call to confirm the availability of the remote site.
The person appearing via the videoconferencing link is to be informed
the live transmission commences of the names of the judicial officer and counsel involved.
The examination of the witness at the remote location will follow as closely as possible the practice that would have taken place if that witness were in the courtroom. During examination, cross-examination and re-examination, the witness will see counsel asking the question and those present in the courtroom will see the witness.
*All charges are GST inclusive