New South Wales Consolidated Regulations

WORKERS COMPENSATION COMMISSION RULES 2006 - REG 12.4

12.4 Compliance with notice for production

(1) A producer complies with a notice for production by:

(a) delivering to the requesting party, at the requesting party’s address for service and within the time required by rule 12.3 (2), copies of such of the documents referred to in the notice as are in the possession or control of the producer and are not the subject of a notice of objection referred to in paragraph (b), and

(b) serving on the requesting party, at the requesting party’s address for service and within the time required by rule 12.3 (2), a notice of objection concerning any document not so delivered stating:

(i) that the document is not suitable for copying but may be inspected at a place and time stated in the notice of objection and on a date within 7 days of service of the notice of objection, or such other date as the parties may agree, or

(ii) that the document is a privileged document and the reasons for the claim of privilege, or

(iii) that the document is not relevant to a fact in issue in the proceedings and the reasons why it is not so relevant, or

(iv) any other objection to production and the reasons for the objection, or

(v) if the producer is an applicant worker, that sufficient money has not been paid or tendered to meet the reasonable expenses of complying with the notice for production, and the reasons for making this assertion, or

(vi) that the document has already been produced to the requesting party, or

(vii) that the document is to the best of the producer’s knowledge, information or belief in the possession or control of such other person as may be specified in the notice of objection, or

(viii) that the producer has no knowledge, information or belief as to the existence or whereabouts of the document.

(2) Where a producer has failed to comply with a notice for production:

(a) the requesting party may, by notice in writing to the Registrar not later than 2 working days after the time for compliance has expired, request that the Registrar refer the matter to the Authority for consideration as to prosecution of the producer for an offence under section 290 (2) of the 1998 Act, and

(b) the Commission may, on application by the requesting party or of its own motion, make such determination as to costs under Division 3 of Part 8 of Chapter 7 of the 1998 Act as the Commission thinks fit.

(3) For the avoidance of doubt, it is declared that the Registrar may exercise the Commission’s functions referred to in subrule (2) (b) in addition, or in the alternative, to the Registrar’s power to make an order under section 290 (6) (c) of the 1998 Act.