Industrial Relations (Referee Appeal) Regulations 1966

These Regulations are the Industrial Relations (Referee Appeal) Regulations 1966.

Any party to a trade dispute who is aggrieved by the whole or part of the decision of a referee may appeal against the decision or such part of the decision within 14 days from the date of the decision by filing with the Court a notice of appeal in the manner set out in Form 1 in the Schedule and upon the payment of a filing fee of $2. A copy of the notice of appeal must be served upon the respondent.

On the filing of the notice of appeal by the party aggrieved, the Registrar is to cause to be prepared the transcript of proceedings before the referee and is to, when the transcript of proceedings is ready, forward a certified copy of the transcript of proceedings together with the written grounds of decision of the referee to the appellant upon the payment by the appellant of the appropriate fees prescribed in the Second Schedule to the Industrial Relations Regulations 1960.

If, after examining the transcript of proceedings and the written grounds of decision of the referee, the appellant decides not to proceed with the appeal, the appellant must file with the Court a notice of discontinuance in the manner set out in Form 2 in the Schedule and must serve a copy of the notice upon the respondent.

If the appellant decides to proceed with the appeal, he or she must within 21 days from the date of receipt of the transcript of proceedings and the written grounds of decision of the referee file with the Court 5 copies of the record of appeal (a copy of which is to be served by the Registrar upon the respondent) which must include the following:

On receipt of the record of appeal, the Registrar is to as soon as possible, in consultation with the Court, set down the appeal for hearing and determination.

Unless the Court otherwise directs, the appellant is first to be heard in support of the appeal and the respondent is to be heard against it and the appellant is to be entitled to reply.

At the hearing of the appeal no witness is allowed to be called by the parties concerned and the appellant is not allowed to adduce any additional ground of appeal.

If the appellant does not appear to support his or her appeal, the Court is to consider the appeal and may make such order on the appeal as it thinks fit.

Upon the conclusion of the hearing of the appeal, the Court is to either at once or within such extended time as in the special circumstances the Court considers necessary for the proper consideration of the appeal deliver its decision on the appeal.