Summary of revised court and commission procedures in response to the coronavirus (COVID-19)

If you have received advice from us, or read our information kits (or other resources), you may have made a claim in relation to your issue, or you may be considering making a claim.

Because of social distancing measures and other restrictions introduced in response to the coronavirus, the courts and commissions that accept those claims have temporarily changed some of their procedures. How you make a claim, and how the claim process will work may be a bit different at the moment compared to the standard procedures outlined in our resources.

In general, the following rules will apply:

• The forms used to make a claim, and during a claim, have not changed. They look the same and have the same name.

• You generally cannot make a claim in person – you must lodge it electronically with the court or commission (via email, online or by fax where specified).

• Generally, all documents used as part of the claim process must be lodged electronically (via email, online or by fax where specified).

• Statutory declarations, affidavits and other documents that normally require witnessing, may not need to be witnessed.

• If you are required by a court or commission to provide a copy of a document to your employer as part of a claim process (for example, personal service), you may be able to provide your employer with a copy electronically rather than providing it to them in person (you may still need to seek permission).

• Conciliations, negotiations, hearings and other proceedings will generally not be held in person but by telephone or video conference.

• Urgent applications involving the coronavirus may have a separate email address to allow documents to be lodged as a priority .

• Face to face services and visits to court and commission buildings are generally suspended, but urgent requests may be granted permission upon application.

Please not that this is a general summary of changes. If you are lodging a claim or have already lodged a claim, you should visit the website of the relevant court or commission as each has its own rules and changes are being made rapidly.

For specific information, see the website of the relevant court or commission below. If a link is broken, it likely means updates have been made since this information was published, so visit the home page of the court or commission.

Western Australian Industrial Relations Commission

Website

http://www.wairc.wa.gov.au/en/

Information on changes

http://www.wairc.wa.gov.au/images/COVID-19%20Special%20Procedures%20Note%20-%2030%20March%202020.pdf

Fair Work Commission

Website

https://www.fwc.gov.au/

Information on changes

https://www.fwc.gov.au/about-us/coronavirus-covid-19-updates-advice

Industrial Magistrates Court

Website

http://www.imc.wa.gov.au

Information on changes

http://www.imc.wa.gov.au/images/Industrial%20Magistrates%20Court%20COVID-19%20Special%20Procedures%20Note.pdf

Magistrates Court of Western Australia

Website

https://www.magistratescourt.wa.gov.au

Information on changes

https://www.magistratescourt.wa.gov.au/p/public_notices.aspx

Federal Court of Australia

https://www.fedcourt.gov.au/

Information on changes

https://www.fedcourt.gov.au/covid19

Equal Opportunity Commission of Western Australia

http://www.eoc.wa.gov.au/

Information on changes

http://www.eoc.wa.gov.au/mediacentre/media-releases/2020/04/03/wa-equal-opportunity-commission-response-to-covid-19

Australian Human Rights Commission

Website

https://www.humanrights.gov.au/

Information on changes

https://www.humanrights.gov.au/about/news/e-bulletin/community-update-covid-19-8-april-2020