Road Safety Remuneration Tribunal Rules 2013
I, Jennifer Acton, President of the Road Safety Remuneration Tribunal, acting after consultation with the Members of the Tribunal, make the following Rules under subsection 113(1) of the Road Safety Remuneration Act 2012.
Dated: 4 March 2013
Jennifer Acton
President of the Road Safety Remuneration Tribunal
Contents
Part 1—General 1
1............ Name of Rules............................................................................................................... 1
2............ Commencement............................................................................................................. 1
3............ Authority....................................................................................................................... 1
4............ Definitions..................................................................................................................... 1
5............ Relief from Rules.......................................................................................................... 1
6............ Forms............................................................................................................................ 1
7............ Lodging documents with RSRT.................................................................................... 2
8............ Requirement to serve documents lodged with RSRT.................................................... 3
9............ How service is effected................................................................................................. 3
10.......... Service not required for applications for road safety remuneration orders..................... 5
11.......... Substituted service......................................................................................................... 5
12.......... Electronic signatures...................................................................................................... 5
Part 2—Appeals 6
13.......... Appeals......................................................................................................................... 6
Part 3—Disputes 7
14.......... Applications by road transport drivers may be made by telephone in certain circumstances 7
15.......... Response to application for RSRT to deal with dispute................................................. 7
Part 4—Practice 8
16.......... Notice of representative commencing or ceasing to act.................................................. 8
17.......... Notice of discontinuance............................................................................................... 8
18.......... Order to witness to attend.............................................................................................. 8
19.......... Order for production of documents............................................................................... 8
20.......... Lodging documents by email......................................................................................... 8
21.......... Lodging documents by fax.......................................................................................... 10
Part 5—Miscellaneous 11
22.......... Seal of the RSRT......................................................................................................... 11
23.......... Recovery of cost of providing copies of documents.................................................... 11
Part 1—General
1 Name of Rules
These Rules are the Road Safety Remuneration Tribunal Rules 2013.
2 Commencement
These Rules commence on the day after they are registered.
3 Authority
These Rules are made under subsection 113(1) of the Road Safety Remuneration Act 2012.
4 Definitions
In these Rules:
Act means the Road Safety Remuneration Act 2012.
approved form means a form approved by the President.
RSRT means:
(a) the Road Safety Remuneration Tribunal; or
(b) a Member of the Road Safety Remuneration Tribunal; or
(c) a Full Bench of the Road Safety Remuneration Tribunal;
as the context requires.
Note: The Road Safety Remuneration Act 2012 defines other words and phrases that apply to these Rules, including General Manager.
5 Relief from Rules
The RSRT may dispense with compliance with any of the requirements of these Rules before or after the occasion for compliance arises.
6 Forms
6.1 The President may approve a form for the purpose of these Rules.
6.2 Subject to these Rules:
(a) an application to the RSRT must be made using the approved form for that kind of application; and
(b) notice must be given to the RSRT using the approved form for that kind of notice.
Note: An application regarding a dispute under section 41, 42 or 43 of the Act may also be made by telephone—see rule 14.
6.3 An application to the RSRT for which no specific form is approved must be made using the approved form for general applications.
6.4 If these Rules require that an approved form be used, it is sufficient compliance if the document:
(a) is substantially in accordance with the approved form; or
(b) has only such variations as the nature of the case requires.
7 Lodging documents with RSRT
7.1 A document lodged for use by the RSRT must:
(a) either:
(i) be on white international A4 size paper; or
(ii) if the document is being lodged by email—have an A4 page layout; and
(b) be typewritten, clearly written or reproduced.
7.2 A document may be lodged with the RSRT:
(a) by physically delivering the document to a RSRT office between the hours of 9 am and 5 pm on a business day; or
(b) by email (see rule 20); or
(c) by fax (see rule 21); or
(d) if the RSRT has made provision on its website for lodging a document by completing and submitting a web‑based form—by completing and submitting the form in accordance with the instructions accompanying the form on the website.
Note: RSRT’s website is www.rsrt.gov.au. The addresses of the RSRT offices can be found at www.rsrt.gov.au/index.cfm/contact/.
7.3 The first page of a witness statement, statutory declaration (other than a statutory declaration that is part of an approved form) or submission that is lodged with the RSRT must be headed as follows:
IN THE ROAD SAFETY REMUNERATION TRIBUNAL
Matter No.: [insert matter number]
Applicant: [insert name of applicant]
Respondent: [insert name(s) of respondent(s)]
or, if there is no respondent:
IN THE ROAD SAFETY REMUNERATION TRIBUNAL
Matter No.: [insert matter number]
Applicant: [insert name of applicant]
7.4 The first page of a witness statement, statutory declaration or submission lodged with the RSRT must also have an information block at the foot of the first page as follows:
Lodged by
[e.g. Applicant]
Telephone:
Address for Service:
Fax:
Email:
8 Requirement to serve documents lodged with RSRT
8.1 A person who makes an application or gives a notice to the RSRT must serve a copy of the application or notice in accordance with the instructions as to service on the approved form for the application or notice.
8.2 If an application is made using the approved form for general applications, the applicant may seek directions from the RSRT as to the service that is required.
9 How service is effected
9.1 Subject to these Rules, and any directions of the RSRT, a person that is required to serve a document on another person must serve the document as soon as practicable.
Note: This rule does not apply to matters outlined in rule 10.
9.2 Service of a document on an individual, a body corporate or an organisation or branch of an organisation must be effected:
(a) by leaving the document with:
(i) the individual to whom it is addressed; or
(ii) the secretary of the body corporate; or
(iii) the secretary of the organisation or branch; or
(b) by tendering the document to:
(i) the individual to whom it is addressed; or
(ii) the secretary of the body corporate; or
(iii) the secretary of the organisation or branch; or
(c) by leaving the document:
(i) with an individual, apparently over 15, at the residence, or usual place of business, of the individual who is intended to be served; or
(ii) at the registered office of the body corporate; or
(iii) at the office of the organisation or branch; or
(iv) in a proceeding in which the individual, body corporate or organisation or branch has notified an address for service—at that address; or
(d) by posting the document in a prepaid envelope sent by Express Post or registered post to:
(i) the residence, or usual place of business, of the individual intended to be served; or
(ii) the secretary, at the registered office of the body corporate; or
(iii) the secretary, at the office of the organisation or branch; or
(iv) in a proceeding in which the individual, body corporate or organisation or branch has lodged an address for service—that address;
provided that if service is by Express Post, the person serving the document must retain the barcode of the prepaid envelope and produce it if required by the RSRT; or
(e) by fax to a fax number:
(i) currently published by the person who is being served as his, her or its fax number; or
(ii) advised by the person who is being served as his, her or its fax number in response to a request for a fax number that was made immediately before the transmission of the document; or
(iii) appearing as the fax number of the person who is being served on a document lodged with the RSRT by that person in the same matter;
provided that the person serving the document must retain the transmission record showing the successful transmission and produce it if required by the RSRT; or
(f) by emailing the document to an email address:
(i) currently published by the person who is being served as his, her or its email address; or
(ii) advised by the person who is being served as his, her or its email address in response to a request for an email address that was made immediately before the transmission of the document; or
(iii) appearing as the email address of the person who is being served on a document lodged with the RSRT by that person in the same matter;
provided that the person serving the document must:
(iv) print the email as a “sent item”, showing the transmission address and the date and time of transmission; or
(v) print a “delivered” statement or a “read receipt” showing the transmission address and the date and time of transmission;
and retain the document so printed and produce it if required by the RSRT; or
(g) if:
(i) a common form of communication between the person serving the document and the person to be served is by email to a particular email address; and
(ii) it is reasonable for the person serving the document to expect that an email to that email address will be received by the person to be served;
by emailing the document to that email address, provided that the person serving the document must:
(iii) print the email as a “sent item”, showing the transmission address and the date and time of transmission; or
(iv) print a “delivered” statement or a “read receipt” showing the transmission address and the date and time of transmission;
and retain the document so printed and produce it if required by the RSRT.
9.3 For subrule 9.2:
registered office, in relation to a body corporate, means the principal office or the principal place of business of the body corporate.
secretary, in the case of a body corporate that is established under a law of the Commonwealth or of a State or Territory of the Commonwealth, means the secretary, clerk or other proper officer of the body corporate.
9.4 For section 29 of the Acts Interpretation Act 1901, if service of a document is effected by posting it in accordance with paragraph 9.2(d), a certificate:
(a) signed by:
(i) a person occupying, or performing the duties of, the office of a General Manager, Australian Postal Corporation; or
(ii) a person authorised in writing by that person to give a certificate under this subrule; and
(b) stating that a letter that was posted (with prepaid postage) at a specified time, on a specified day and at a specified place, and addressed to a specified address, would, in the ordinary course of the post, have been delivered at that address on a specified day;
is evidence of the facts stated.
10 Service not required for applications for road safety remuneration orders
Despite the requirements for service in rule 9, a person that makes an application for a road safety remuneration order under subsection 19(3) of the Act, or an application to vary a road safety remuneration order under subsection 32(3) of the Act, is not required to serve a document on another person who may be affected by the order.
11 Substituted service
If provision is made for personal, or other, service of a document in a proceeding before the RSRT, the RSRT may, on the application of a person, make an order for substituted, or other, service by letter, fax, email, public advertisement or another method, for the purpose of bringing the document to the notice of the person to be served.
12 Electronic signatures
If a document, other than a statutory declaration, is required by these Rules to be signed, the requirement is satisfied if a facsimile of the signature is affixed on the document by electronic means by, or at the direction of, the signatory.
Part 2—Appeals
13 Appeals
13.1 A person seeking to institute an appeal against a decision of a single RSRT Member must do so by lodging a notice of appeal in accordance with the approved form.
13.2 If an appeal is instituted against a decision of a single RSRT Member, the appellant, at the time of lodging the notice of appeal, must also lodge 3 copies of the notice, together with 3 copies of a paginated appeal book containing:
(a) any decision made by the RSRT; and
(b) any order made by the RSRT; and
(c) the statement of the reasons for the decision; and
(d) the transcript of the evidence and argument in the proceedings from which the appeal is brought; and
(e) each document that was an exhibit or written submission in the proceedings.
13.3 On lodging a notice of appeal, the appellant must, as soon as practicable, serve a copy of the notice of appeal and the appeal book lodged in accordance with subrule 13.2 on the parties to the proceedings from which the appeal is brought.
Part 3—Disputes
14 Applications by road transport drivers may be made by telephone in certain circumstances
Despite rule 6, an application for the RSRT to deal with a dispute under section 41, 42 or 43 of the Act may be made by telephone to a telephone number approved for that purpose, provided that the applicant signs, amends as necessary and returns to the RSRT a copy of the written application subsequently generated by the RSRT (amended as necessary to correct any errors).
Note 1: The telephone number approved for making an application can be found on the RSRT’s website at www.rsrt.gov.au/index.cfm/contact/.
Note 2: The written application generated by the RSRT will be sent by the RSRT to the person who makes a telephone application under this rule.
Note 3: An application made under this rule will not be processed by the RSRT until the written application, amended as necessary to correct any errors, has been returned to the RSRT.
15 Response to application for RSRT to deal with dispute
A respondent to an application for the RSRT to deal with a dispute must lodge with the RSRT and serve on the applicant a response to the application, in accordance with the approved form, within 14 days of being served with the application.
Part 4—Practice
16 Notice of representative commencing or ceasing to act
16.1 A person who commences to act as a lawyer or paid agent of a party to a matter before the RSRT must lodge a notice in accordance with the approved form.
16.2 A person who ceases to act as a lawyer or paid agent of a party to a matter before the RSRT must lodge a notice in accordance with the approved form.
16.3 A person who does not require permission to act as a lawyer or paid agent because of subsections 91(2) and (3) of the Act is not required to comply with subrules 16.1 and 16.2.
17 Notice of discontinuance
17.1 An applicant may discontinue a matter before the RSRT at any time by lodging a notice of discontinuance in accordance with the approved form.
17.2 On lodging a notice of discontinuance, the applicant must as soon as practicable serve a copy of the notice on the respondent in the matter.
18 Order to witness to attend
18.1 A party may seek an order under paragraph 86(2)(a) of the Act requiring a person to attend before the RSRT by submitting a draft order in accordance with the approved form to the RSRT.
18.2 If the order is made, service of the order must be effected by serving a copy of the signed order in accordance with rule 9.
19 Order for production of documents
19.1 A party may seek an order under paragraph 86(2)(c) of the Act for the production of documents or records or any other information to the RSRT by submitting a draft order in accordance with the approved form to the RSRT.
19.2 If the order is made, service of the order must be effected by serving a copy of the signed order in accordance with rule 9.
20 Lodging documents by email
20.1 A document that is required or permitted to be lodged by these Rules may be lodged by emailing the document to the RSRT to any email address that is approved by the General Manager for the lodgement of documents electronically.
Note: The email addresses approved for lodgement of documents electronically can be found on the RSRT’s website at www.rsrt.gov.au/index.cfm/contact/.
20.2 However, if a matter has been allocated to an RSRT Member, any document lodged by email must be sent to:
(a) if the matter is to be dealt with by a single RSRT Member—the email address of the Member’s chambers; and
(b) if the matter is to be dealt with by a Full Bench of the RSRT—the email address of the President’s chambers.
Note: The email addresses can be found on the RSRT’s website at www.rsrt.gov.au/index.cfm/contact/.
20.3 If a document is to be lodged by email under this rule, the email must:
(a) include the document to be lodged:
(i) as an attachment in Word, RTF or PDF format or another format approved by the General Manager; and
(ii) with all security restrictions removed; and
(b) state, in the body of the email:
(i) the name, address, telephone number and fax number (if any) of the individual sending the email; and
(ii) an email address to which the RSRT can send notices or other documentation; and
(iii) if the document is an originating application—that fact, together with the State or Territory office of the RSRT in which the document is to be lodged; and
(iv) if the document relates to an existing matter—the RSRT matter number.
20.4 A statutory declaration that is required by these Rules may be lodged by email only by sending a PDF or other image of the statutory declaration in accordance with subrule 20.3.
Note: A statutory declaration must be signed and witnessed.
20.5 If a document provided electronically in accordance with rule 20 is an application commencing a proceeding, it is taken not to have been lodged until the General Manager complies with subrule 20.6.
20.6 For subrule 20.5, the General Manager must send an acknowledgement of lodgement by email to the person who provided the document electronically. When the General Manager has sent the acknowledgement, the document will be treated as having been lodged at the time it was received electronically.
20.7 A person who lodges a document by email must:
(a) retain a paper copy of the document; and
(b) retain a paper copy of either:
(i) the receipt that indicates the document was delivered; or
(ii) the email as a “sent item” showing the transmission address and the date and time of transmission; and
(c) produce the paper copy of the documents retained under paragraphs 20.7(a) and (b), as directed by the RSRT.
21 Lodging documents by fax
21.1 A document that is required or permitted to be lodged by these Rules may be lodged by fax sent to the fax number that is approved by the General Manager for lodgement of documents by fax.
Note: The fax numbers approved for lodgement of documents by fax can be found on the RSRT’s website at www.rsrt.gov.au/index.cfm/contact/.
21.2 A document sent to the RSRT by fax must be accompanied by a cover sheet clearly stating:
(a) the sender’s name, postal address, document exchange number (if any), telephone number and fax number; and
(b) the number of pages transmitted; and
(c) the processing of the document required.
21.3 A person who lodges a document by fax under this rule must:
(a) keep the original document and the transmission report evidencing successful transmission; and
(b) produce the original document or the transmission report as directed by the RSRT or the General Manager.
21.4 If the RSRT or the General Manager directs that the original document be produced, the first page of the document must be endorsed with:
(a) a statement that the document is the original of a document sent by fax; and
(b) the date that the document was sent by fax.
Part 5—Miscellaneous
22 Seal of the RSRT
22.1 The seal of the RSRT is in the form represented below:
22.2 There are to be such duplicates of the seal of the RSRT as the President directs.
22.3 A document to which a duplicate of the seal is affixed is taken to have the seal affixed to it.
22.4 The seal, and the duplicates of the seal, are to be kept in such custody as the President directs and must not be used except as authorised by the President.
22.5 If a document is required to have the seal affixed, the requirement is satisfied if a facsimile of the seal is affixed on the document by electronic means, by or at the direction of the person affixing the seal.
23 Recovery of cost of providing copies of documents
23.1 This rule applies if the RSRT proposes to provide a copy of a document to a person (whether in the form of photocopies, fax transmission, electronic data, printed documents or otherwise).
23.2 The person must pay to the RSRT in advance an amount that the RSRT reasonably requires to be paid.
