Information Sheets
Guide for unrepresented parties in the Queensland Industrial Relations Commission (QIRC)
The following information is intended to give some guidance about the procedural aspects of Commission hearings to parties who have either filed an application with the Commission or who are respondent to an application (the other party named in the application) and who do not wish to be represented by another party such as an advocate, agent or solicitor.
When should I file an Application?
Prior to filing an application with the Commission, the following points need to be considered if any application relative to this matter has already been made in another jurisdiction i.e.
- Anti Discrimination Commission
Simultaneous action can not be taken through the Queensland Industrial Relations Commission. However, if an application is filed with the Commission in the first instance, an application may be filed with the Anti Discrimination Commission at a later stage.
- Department of Industrial Relations (Industrial Inspector)
Where the application is for recovery of wages, mention needs to be made in your application if you have had the matter investigated by an Industrial Inspector.
Where possible, every effort should be made to settle the matter with the other party prior to filing an Application with the Commission. In some instances, negotiation are just not an option and so if you choose not to have private discussions with the other party, or if such discussions have been unsuccessful, then the application should be filed with the Industrial Registrar and will then be dealt with by the Commission.
It should be noted that in cases where the application is for unfair dismissal, the application should be made within 21 days after the dismissal takes effect.
If you have already filed an application and you manage to settle the matter, you should let the Commission know in writing immediately. The file will then be closed and the Commission will have no further role.
Representation
There are a number of factors which may influence one or other of the parties in deciding whether to represent themselves or to seek the assistance of an agent or advocate. For some the cost factor may be prohibitive whilst others may feel quite comfortable conducting their own case.
Even if you do decide to represent yourself there is still the option of obtaining advice from another source such as an advocate or solicitor when preparing your case and this may be more cost effective than having them appear on your behalf. You may also consider bringing a friend, relative or other individual with you as support. If however you do not feel confident of running your own case, you may choose to be represented by one of the following;
- an industrial advocate;
- an organisation (such as a union, if you are an employee, or an employer organisation if you are an employer);
- another person of their choice; or
- a lawyer or solicitor.
Note: In the case of legal representation, you will need to seek the approval of the Commission Member for your representative to appear. Whether or not that leave will be granted will depend upon the circumstances of the case. The Member who deals with the application will want to ensure that no party to the matter is disadvantaged.
In addition to the above, there are a number of support agencies who may be able to assist you depending on your circumstances. These include:
- Queensland Working Women's Service Inc;
- Young Workers Advisory Service.
What if I have language problems?
If English is not your first language, or you have difficulties such as visual or hearing impairment, you may know a person or community organisation who can assist you. You can generally bring along such a person to Commission proceedings to assist you.
If you are having difficulty understanding the information in this document and you do not have someone you can approach for assistance, please contact the Registry. You may also phone the Translating and Interpreter Service (TIS). This is a national service available through the Department of Immigration and Multicultural Affairs 24 hours a day, seven days a week. The number is 131 450 and the cost is that of a local call.
Proceedings in the Commission
If you are appearing in the Commission it is likely the proceedings will be either a conciliation conference or a hearing. A conference is generally informal and private while a hearing is formal and can be attended by members of the public.
The people directly involved in the case are known as the parties.
Conference
A conciliation conference is a discussion, with the assistance of a Commission Member, the purpose of which is to try to resolve the issues between the parties. Almost always, there is a conference first, and it is only when a matter is unable to be resolved through discussions, that it proceeds to a formal hearing.
Hearing
A hearing in the Commission is a formal process where parties put forward arguments and other information (known as submissions) and witness evidence and documents can be presented. A typed record of what was said in the hearing (known as transcript) is produced for later reference.
You can arrange to purchase a copy of the transcripts through the Court Reporting Bureau. For further information on cost etc., contact the Court Reporting Bureau on 07 324 74360.
If you are representing yourself you will sit at a table (known as the bar table) facing one or more Members of the Commission who will sit at a raised platform (known as the bench). The Associate sits facing the parties at the table immediately in front of the bench.
If you have any questions about procedures please ask the Associate before or after proceedings. As is the case with all Registry staff, please understand that Associates do not give legal advice. If you don't understand something during proceedings ask the Commission Member hearing the case.
The process known as arbitration involves a hearing, at the end of which the Commission Member makes a decision that is binding on both the employee and the employer (subject to any appeal that may be available).
Note: Please remember that a case can be settled at any time by agreement of the parties involved.
Preparing for a hearing
Once it has been decided that the matter will be dealt with by way of a hearing, then you will need to ensure that any witnesses you intend to call are present at the hearing. You will also need to bring three copies of any documents which you intend presenting in support of your case.
As the applicant, you will be responsible for any "witness expenses" for witnesses you call and these are to be paid in advance unless otherwise agreed.
Depending upon the location, the matter may be heard either in a court room or a conference room. You should arrive a few minutes before the start time. The Member's Associate will show you where to sit and will explain the procedures to you. The Associate will answer any questions if there is anything you are not sure about.
What happens in the hearing/conference?
- When the Commission Member enters the room those present will be asked to stand. If it is a hearing, then you should stand when you are addressing the Member.
- When you are addressing a Member of the Commission refer to Commissioners as 'Commissioner'. Other Members, known as Presidential Members, should be addressed as 'Your Honour' or by their title - such as 'President', 'Vice President', 'Deputy President'.
- The Commission Member will ask for "appearances". Simply state your name and say that you are appearing for yourself. In the case of an employer, state the name of your business. If you have brought a support person along you should also state who is appearing with you.
- The proceedings may be recorded. This will depend upon the location and what stage the proceedings are at. If it is at the hearing stage the proceedings will be relatively formal (but not legalistic). A transcript may be issued by the Industrial Registry in electronic form, free of charge, to a party to the proceeding, or that party’s representative.
- Whether it is a conference or a hearing, the Commission Member will ask the applicant for a brief statement describing what the matter is about. It is a good idea to have this prepared in advance, and you can read from it if you wish. The Member will then ask the respondent, usually the employer, to make a statement in response.
- The Member will usually ask questions of both parties in order to clarify matters or to find out further information.
- If it is at the conference stage of proceedings, the Commission Member may have private discussions with each of the parties, and may also chair discussions with both of the parties around the table. A conference is not open to the public, but your support person may join you in the conference. A conference is confidential and is an opportunity to explore ways and means of resolving the dispute. Suggestions may be made as to how the dispute might be resolved. Nothing that is said at this stage represents the final view of the Member about the merits of each party's case.
- Almost all matters are resolved in conference. Once the parties have reached an agreement in settlement of the dispute, the Member may require that the terms of the settlement be formally recorded. This can take a variety of forms, for example, the Member may issue a Consent Order or the parties may sign a Deed of Settlement.
The agreement reached is in full and final settlement of the claim arising out of the applicants employment, and except in the case of Workcover claims, the applicant is not able to bring any further claims in relation to the matter in dispute, nor are they able to come back at a later stage seeking a different outcome.
In cases relating to "Reinstatement Conferences", if a settlement is not obtained, the Member will issue a Certificate pursuant to s.75(3) of the Act. The applicant then has 6 months on receipt of the Certificate to decide if he/she wishes to proceed further. Otherwise the application lapses.
- Sometimes, it is not possible to reach an agreement during the conference. In that case, the applicant may decide not to pursue the matter further, or may choose to proceed to a hearing. This stage of the proceedings is known as "arbitration". This is a more formal process than conciliation. Sometimes people decide at this stage to obtain representation, even though they have been self-represented up until this point. There is, however, nothing to stop you from conducting the arbitration hearing yourself.
- If a matter is arbitrated, then the Commission Member will hear formal arguments from the parties in support of their position. Evidence may be presented, which can be in the form of witnesses and/or documents. The Member will issue a decision, based upon the merits of the case, after considering all of the evidence and submissions from the parties. The decision will be issued in writing, and will be provided to both parties. Usually, the decision contains an Order in settlement of the matter, for example, the Member may order that the application be dismissed, or that compensation be paid, or that an employee be reinstated.
- If you decide to file an appeal against the Commission Member's decision, you have 21 days in which to do so.
Witness evidence
You may call witnesses to give evidence in Commission proceedings. Witnesses may voluntarily agree to give evidence or you can require them to appear. You may also provide a summary of witness evidence.
Note: Please remember that if you wish to summons a witness you must complete an "Attendance Notice To Give Evidence" Form (Form 14). This should accompany the "Request For Attendance Form" (Form 11) which is used by a party to a proceeding when requesting the issuing of an attendance notice) These forms are available from the Registry or can be downloaded from the web-site.
Any application for a summons should be completed at least 3 business days before the day of hearing.
If you summons a witness who is unwilling to give evidence on your behalf it is your responsibility to ensure they receive compensation for the expenses involved in attending. Witness expenses are to be paid in advance.
You will need to make arrangements for the witness to attend the Commission at the time the hearing is scheduled to begin. Even if you ask the witness to provide a statement, they will almost certainly still need to attend the hearing so that the other party may question them. This is known as cross-examination. You may also cross examine any witness called by the other party. Please remember that witnesses usually cannot sit in the courtroom before they are called to give evidence.
When a witness is called the Commission Member's Associate will bring the witness into the courtroom and direct them to the witness box. The Associate asks the witness to swear an oath or take an affirmation. The oath is a type of declaration that you will tell the truth when giving evidence. Once the witness has been sworn in they can sit down. The witness should direct their answers to the Commission Member rather than towards the people at the bar table. When the parties have no more questions for the witness the Commission Member will excuse the witness and they can leave the witness box. Once a witness has been excused they may remain in the Court Room if they wish
Additional tips on court procedure
Here are some points concerning court etiquette:
- Make sure you attend court early because proceedings begin on time. Notify the Associate when you arrive by approaching them in the courtroom.
- If you are delayed for any reason it is important that you contact the Registry as early as possible to ensure a message is sent to the Associate.
- If you have a mobile phone or pager make sure it is switched off in the courtroom.
- It is customary to bow to the bench, by inclining your head, at the beginning of the proceedings and if you leave or enter the courtroom while proceedings are underway.
- It is customary to stand when you are addressing the Commission Member or questioning a witness.
- Do not speak when a witness is taking an oath or an affirmation.
- Do not interrupt the other party or the Commission Member when they are speaking.
- Do not eat or chew while in court. Water is provided in each court/conference room - no other fluids i.e. coffee, tea, soft drinks are permitted.
- There is no required dress, but most people attending the Commission dress neatly. For further details contact the Commission Member's Associate or the Industrial Registry.
- You may notice parties who are familiar with the Commission using phrases such as 'If the Commission pleases.'. As a newcomer to the Commission you are not expected to necessarily follow such practices.