How long will it take for the Commission to issue a decision?
The time taken to make a decision is influenced by various factors, for example:
- the type and complexity of the matter; and
- the length of hearing and evidence tendered.
It is not appropriate to enquire as to when a decision of the Commission will be released. Parties to the matter will be notified as soon as a decision is made.
How long will the hearing itself take?
The time taken to hear a matter is largely dependent on the following:
- the type and complexity of the matter;
- the number of witnesses to be called to give evidence;
- the location of the hearing.
These matters will be discussed with the parties during the course of preparation for hearing.
Does my matter have to proceed to a hearing?
Not necessarily. Sometimes matters may settle at a conciliation stage, or an applicant/appellant or complainant may choose not to proceed to hearing after discussions are held between the parties. If an applicant/appellant/complainant chooses not to proceed with their matter, they should file a Form 27 - Request to discontinue proceeding.
How long does it take to settle a claim?
If a matter is to settle as a consequence of a conciliation conference, the terms of settlement, including the time needed by the parties to finalise a matter, will be discussed.
How long do I have to wait before the matter is heard?
The setting of hearing dates is dependent upon the following:
- the workload of the Commission;
- the availability of the parties, and witnesses if applicable;
- the availability of a regional courthouse if applicable;
- the length of time in the Directions issued by the Commission.
What happens if one of the parties does not turn up to a conference or hearing?
The Commission will consider the reason for the non-attendance. In some instances, it may hear and determine a matter in the absence of a party. It is important to ensure you attend the Commission as directed.
I note that the Commission is based in Brisbane. Are matters heard outside Brisbane?
In the case of conferences, the Commission may allow parties to appear by telephone or video conferencing. A request may be made in writing.
Depending on differing circumstances, such as the physical location of parties or witnesses, the Commission may also hear matters at various court houses throughout Queensland (pending availability).
How will I know when my conference or hearing is?
The date for your conference or for your hearing will be sent to you in a Notice of Listing. Conference or hearing dates may also be contained within a Directions Order. Ensure to thoroughly read all material sent to you by the Industrial Registry or Commission to ensure no details are missed, such as a date to appear.
What is a directions order?
The Commission administers its matters via Directions Orders which are the 'road-map' for how your matter will be conducted, when documents are due to be filed, which documents should be filed and provided to other parties, and when you need to appear at the Commission for a conference, mention or hearing.
You must comply with a directions order issued by the Court, Commission or Industrial Registry. Failure to do so can have negative consequences.