New South Wales Consolidated Regulations

WORKERS COMPENSATION COMMISSION RULES 2006 - REG 13.9

13.9 Objection after production by a party entitled to first access

(1) A party to proceedings who is entitled to first access to documents produced to the Commission in accordance with a direction for production may object to another party accessing those documents.

(2) A party who objects under subrule (1) to another party having access must, prior to the expiry of the period contained in the first access order:

(a) if any documents in respect of which the objection is made are produced to the Commission by electronic communication, obtain a hard copy of those documents, and

(b) separately package and identify the documents in respect of which the objection is made from any other documents that have been produced, and

(c) notify the Arbitrator or Registrar and the other parties to the proceedings of the objection in writing clearly identifying the documents in respect of which the objection is made and providing reasons for the objection.

(3) Where a party has notified an objection in accordance with subrule (2), the other parties to the proceedings may access documents only in accordance with the terms of the objection until the objection is determined.

(4) A party who wishes to oppose an objection notified in accordance with subrule (2) must, prior to the expiry of the access period for that party, notify the Arbitrator or Registrar and the other parties in writing of the opposition and the reasons for the opposition.

(5) The Arbitrator or Registrar may determine an objection to access solely on the basis of the written objection notified in accordance with subrule (2) and the written opposition notified in accordance with subrule (4).

(6) Without limiting subrule (5), when considering an objection to access 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,

(c) list the objection for hearing before the Arbitrator or Registrar.

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