New South Wales Consolidated Regulations

WORKERS COMPENSATION COMMISSION RULES 2006 - REG 13.8

13.8 Objection by producer

(1) A producer may object to a direction for production by objecting to any of the following:

(a) the production of documents under the direction,

(b) the terms of access to the documents produced under the direction.

(2) A producer who objects to a direction for production under subrule (1) must notify the Arbitrator or Registrar in writing prior to the date for production.

(3) An objection to a direction for production made in accordance with subrule (2) must clearly identify the documents that are the subject of the objection and provide reasons for the objection.

(4) A producer who objects to a direction for production in accordance with subrule (2) is excused from complying with the direction until the objection is determined.

(5) The Arbitrator or Registrar must notify the parties to the proceedings of an objection notified in accordance with subrule (2).

(6) A party to the proceedings who wishes to oppose an objection to a direction for production must lodge written notice, including the reasons for the opposition, within 2 working days of being notified of the objection in accordance with subrule (5).

(7) The Arbitrator or Registrar may determine an objection to a direction for production solely on the basis of the written objection notified in accordance with subrule (2) and the written opposition lodged in accordance with subrule (6).

(8) Without limiting subrule (7), when considering an objection to a direction for production the Arbitrator or Registrar may do any of the following:

(a) determine the objection,

(b) seek further oral or written information from the parties to the proceedings or the producer,

(9) The Arbitrator or Registrar may set aside or vary the terms of a direction for production following determination of an objection to the direction.

(10) The Registrar may, on the Registrar’s own motion or on the request of any person having sufficient interest, but only if the request is made in accordance with these rules, set aside or vary a direction for production wholly or in part.