Announcement - Time Standards - Industrial Relations Commission of NSW - Protocol

20 September 2004

In line with the process of reform currently being undertaken by the Commission and in recognition that time goals for the disposition of cases are integral in assessing the effectiveness of case management strategies the Commission has adopted the following time standards.   In doing so, the Commission has developed standards which reflect the unique jurisdiction which the Commission exercises:

 

 

Disposition of matters

 

 

 

Industrial Relations Commission

 

 

Applications for leave to appeal and appeal

 

Award Applications

Time from commencement to finalisation

Standard for 2004

 

Time from commencement to finalisation

Standard for 2004

Within 6 months

50%

 

Within 2 months

50%

Within 12 months

90%

 

Within 3 months

70%

Within 18 months

100%

 

Within 6 months

80%

 

 

 

Within 12 months

100%

 

 

Enterprise Agreements

 

Industrial Disputes

Time from commencement to finalisation

Standard for 2004

 

Time to first listing

Standard for 2004

Within 1 month

75%

 

Within 72 hours

50%

Within 2 months

85%

 

Within 5 days

70%

Within 3 months

100%

 

Within 10 days

100%

 

 

Applications relating to Unfair Dismissal

Time from commencement to finalisation

Standard for 2004

Within 2 months

50%

Within 3 months

70%

Within 6 months

90%

Within 9 months

100%

 

 

Commission in Court Session

 

 

Applications for leave to appeal

and appeal

 

Time from commencement to finalisation

Standard for 2004

 

Within 9 months

50%

 

Within 12 months

90%

 

Within 18 months

100%

 

 

 

Prosecutions under OHS legislation

Time from commencement to finalisation

Standard for 2004

Within 9 months

50%

Within 12 months

75%

Within 18 months

90%

Within 24 months

100%*

 

*The Commission has set a target of 100% of finalisations within 24 months, however, recognises that this target may take some time to achieve given the current state of the Commission's lists in these areas and its presently available judicial resources.

 


Applications for relief from Harsh/Unjust Contracts

Time from commencement to finalisation

Standard for 2004

Within 6 months

30%

Within 12 months

60%

Within 18 months

80%

Within 24 months

100%*

 

 

 

Delivery of Decisions and Judgments

 

The diverse nature of matters that come before the Commission for determination will often result in the decision of a presiding member or full bench being reserved.   Until recently it was very rare for any decision to be delivered ex tempore.   However, it has now become a common feature of the Commission's work- in appropriate cases � to deliver ex tempore judgments at the conclusion of a hearing.

 

The Commission has set a target for the delivery of judgments of three months from the date a judgment is reserved to the date when it should be delivered.   Industrial disputes will generally require decision (particularly interim decisions or recommendations), within a shorter time frame, if one is necessary.   In respect of unfair dismissal matters the Commission has set a target of 80% of reserved judgments being delivered within two months and 100% within three months.   This policy will take effect with respect to decisions or judgments reserved after 30 th September 2004.

 

The capacity for the Commission to achieve this target is dependent on the complexity of the matter for determination and other factors such as the availability of resources in relation to the workload of the Court, leave, timeliness in the replacement of appointments, etc.   Because of their size and complexity major industrial cases fall outside the general target, however, every effort has been and is being made to deliver the judgment as soon as possible after the decision has been reserved consistent with the exigencies of the particular proceedings.

 

The President is provided with information on reserved judgments and will consult with any Member where the judgment is undelivered within the relevant timeframe.

 

If the legal representative or a party to proceedings in which there has been a reserved decision or judgment desires to complain about delays over delivery of the decision or judgment, the complaint should be made by letter and should be addressed to the President of the Commission or the Industrial Registrar.

 

The matter will then be taken up with the Member or Members involved in the reserved decision but this will be done without disclosing the identity of the party making the complaint.   If the matter is not satisfactorily resolved, the President or the Registrar should again be informed.