Commentary on Sections Industrial Tribunals Section 4: Power to require party to proceedings to pay deposit
This section amends Article 11 of the ITO 1996 to provide the Department with the power to prescribe by regulations requirements, in addition to those already in statute, which parties may be required to meet as a condition of continuing to participate in particular IT proceedings.
IT procedure regulations currently require a party to pay a deposit where their case is considered to have little reasonable prospect of success. These regulations are under review, and the enabling power will allow the Department to legislate in response to the relevant public consultation, once concluded.
Subsection (2) amends Article 25 of the ITO 1996 so that regulations which make use of the enabling power are to be subject to the draft affirmative Assembly procedure.