New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [History] [Help]


Commission rules

20 Commission rules

(1) The Rule Committee may make rules of the Commission (referred to in this Act as the
"Commission rules" ), not inconsistent with this Act or enabling legislation, for or with respect to the following--
(a) the practice and procedure to be followed in proceedings before the Commission,
(b) the practice and procedure to be followed in proceedings before medical assessors, merit reviewers or mediators,
(c) any matter that is, by this Act or enabling legislation, required or permitted to be prescribed by the Commission rules.
Note : The Commission rules are rules of court within the meaning of the Interpretation Act 1987 . Rules of court are statutory rules for the purposes of the Interpretation Act 1987 . As a result, they can be disallowed by either House of Parliament under Part 6 of that Act.
(2) Without limiting subsection (1), the Commission rules may make provision for or with respect to any of the following matters--
(a) the way for referring claims or disputes for assessment or determination or for making appeals,
(b) the amendment of filed or lodged documents,
(c) non-compliance with provisions concerning practice and procedure (including the effect of irregularities on proceedings),
(d) the making of assessments and determinations,
(e) the way for specifying an amount of damages, statutory benefits or compensation,
(f) the parties to proceedings (including the joinder, misjoinder and non-joinder of parties and rights of intervention of third parties such as the Authority in proceedings),
(g) the splitting and consolidation of proceedings in the Commission,
(h) the documentation to accompany a reference of a claim or dispute for assessment or determination or an appeal,
(i) the way for presenting documents and information by parties, including time limits for the presentation of the documents and information,
(j) the provision of documents and information by a party to a matter to any other party to the matter,
(k) the way for notifying the parties to proceedings of decisions of, or other action taken by, the Commission in the proceedings,
(l) the form, use and effect of the seal of the Commission,
(m) the specification of exceptions, limitations or other restrictions in relation to a provision of this Act or enabling legislation that is expressed to be subject to the Commission rules.
(3) The Commission rules may authorise or require the use of an electronic case management system established under clause 2 of Schedule 1 to the Electronic Transactions Act 2000 in relation to any proceedings in the Commission in respect of which the use of the system is authorised by an order in force under clause 3 of Schedule 1 to that Act.
(4) Without limiting the generality of section 42 of the Interpretation Act 1987 , the Commission rules may also prescribe different rules for--
(a) each of the Divisions of the Commission, and
(b) different classes of matters.
(5) This section does not limit the operation of section 78 (Rules of court) of the Interpretation Act 1987 .

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback