New South Wales Consolidated Regulations

WORKERS COMPENSATION COMMISSION RULES 2006 - REG 14.1

14.1 Tapes, films, photographs, etc

(1) This rule applies to:

(a) videotapes, and

(b) audiotapes, and

(c) films or photographs, and

(d) x-ray film, and

(e) the results of specialised medical investigations, including computerised tomography, medical ultrasound and magnetic resonance imaging scans, and

(f) any documents produced or received by electronic means,

on which a party proposes to rely in any proceedings.

(2) Where a document to which this rule applies constitutes surveillance material, any investigator’s report concerning the material:

(a) must clearly and unambiguously identify the material, and

(b) is, for the purposes of subrule (3), deemed to be part of the document.

(3) A document to which this rule applies is, subject to this rule, a document for the purposes of rule 10.3.

(4) In the case of documents referred to in subrule (1) (e):

(a) original films or scans are not to be lodged with the Commission, and

(b) the lodging and service of a list describing and clearly identifying the films or scans satisfies the lodging and service requirements of rule 10.3, and

(c) original films or scans may be taken or delivered to an approved medical specialist undertaking an assessment for the purposes of the relevant proceedings.

(5) A party who intends to take or deliver original films or scans as referred to in subrule (4) (c) in the course of proceedings must notify the Commission and the other parties to the proceedings by notice in writing, not less than 7 days prior to the taking or delivery, of the party’s intention.