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INDUSTRIAL RELATIONS ACT 2016 - SECT 894

Hearing to be given before making decision

894 Hearing to be given before making decision

(1) The court, commission or registrar (the
"industrial tribunal" ) must, before making a decision under this chapter, give the following persons an opportunity to be heard about whether the decision should be made—
(a) a person who applied for the decision or from whose application the decision is proposed to be made;
(b) a person in relation to whom the decision is sought or may be made;
(c) a person who may object to the making of the decision who has objected in the way required under this chapter;
(d) an organisation the decision concerns;
(e) any other person the industrial tribunal considers should be heard or who has a sufficient interest in the making of the decision.
(2) However, subsection (1) does not apply if the industrial tribunal considers the decision may be made without prejudicing the rights of a person or for other sufficient reason.
(3) A regulation may provide for—
(a) objections to the making of a decision under this chapter; or
(b) the way in which the opportunity to be heard must be given.
(4) In this section—

"decision" includes—
(a) an amendment of a rule of an organisation, other than a correction of a formal or clerical error; and
(b) a referral.



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