Anyone involved in a hearing or conference at the Commission may ask us to delay (adjourn) it. You need an important reason, and we do not always agree. This is different from a delay to a conciliation.
When you ask us to adjourn a case, we must make sure this is fair to both sides. The applicant and respondent have the right to a quick decision on their case. We only agree if there is a very good reason.
It is important to note:
- we consider the rights of both parties before we make a decision
- the party who asks us to delay the case must prove it is necessary
- we do not approve an adjournment automatically if you are part of a criminal hearing
How to ask for an adjournment
You must contact us in writing and tell us the reason you want the adjournment. We may refuse to change the date if you do not explain the reason or give us evidence of the reason.
Reasons we may agree to an adjournment
We only agree if there is a very good reason. We ask the other party to comment before we make a decision.
- The applicant or respondent is too ill to take part.
- A significant person in the case is too ill to take part.
- A witness is too ill to take part.
In all cases, you must provide a medical certificate.
Death or serious injury
- A family member of an applicant or respondent dies or has a serious injury.
- A significant person in the case dies or has a serious injury.
- A witness dies or has a serious injury.
The representative is not available
- A legal representative or agent is unavailable.
We only consider this if they were already acting for a party before we list the application for a hearing.
They may be unavailable because of interstate or overseas travel. We only consider this if they had booked the travel before we list the application for a hearing.
A significant person is not available due to travel
The applicant or respondent, or a witness or other significant person in the case is travelling interstate or overseas.
We may ask for proof that they booked the travel before we listed the application for a hearing.