New South Wales Consolidated Regulations

WORKERS COMPENSATION COMMISSION RULES 2006 - REG 13.4

13.4 Direction for production

(1) Subject to subrule (2), the Arbitrator to whom proceedings are referred may, at any teleconference fixed in the proceedings, or, in a special case and for the avoidance of injustice, subsequently, order or refuse to order the issue of a direction for production requested under rule 13.3 (1).

(2) A direction for production of documents must not issue where the party requesting the direction is entitled to be provided with the documents, or copies of the documents:

(a) pursuant to an obligation imposed upon a worker, employer or insurer in respect of a claim for compensation, whether upon request or otherwise, under the Workers Compensation Acts, the Workers Compensation Regulation 2003 , or any related WorkCover Guidelines, or

(b) pursuant to an obligation arising under Part 7 of the 1987 Act, including under any regulation, guideline, contractual term or procedural arrangement made or arising thereunder, in circumstances where the documents are in the possession or control of the Workers Compensation Nominal Insurer established under section 154A of the 1987 Act, or any agent of that Nominal Insurer.

(3) In deciding whether to order the issue of the direction for production, the Arbitrator may do any of the following:

(a) determine any objection by a party,

(b) direct the time for service of the direction and the time for production by the producer,

(c) direct the making of access orders, including a first access order,

(d) make such other provision as the Arbitrator thinks fit.

(4) Where the Arbitrator orders the issue of a direction for production, the party who requested the order must engross the direction in accordance with the terms of the order and deliver it to the Registrar, and the Registrar must issue the direction.