WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 198

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 198

198 .         Ways of conducting arbitration proceedings

        [(1)         deleted]

        (2)         If an arbitrator thinks it appropriate, the arbitrator is to allow the parties and their representatives and any witnesses (or one or more of them) to participate in a hearing of a proceeding by means of telephones, video links, or any other system or method of communication.

        (3)         If an arbitrator thinks it appropriate, the arbitrator may conduct all or part of a proceeding entirely on the basis of documents without the parties or their representatives or any witnesses attending or participating in a hearing.

        (4)         An arbitrator may take into account a written submission prepared by a legal practitioner or registered agent acting for a party to a proceeding and submitted by or on behalf of the party, whether or not the party is represented by a legal practitioner or registered agent at any hearing of the proceeding.

        (5)         If an arbitrator conducts a proceeding in accordance with this section, the arbitrator is to take steps to ensure that the public has access to, or is precluded from access to, matters disclosed in the proceeding to the same extent as if the proceeding had been heard before the arbitrator with the attendance in person of all persons involved in the proceeding.

        (6)         Provisions of this Act applying to hearings apply with any necessary modifications in relation to a proceeding conducted in accordance with subsection (3).

        [Section 198 inserted: No. 42 of 2004 s. 130; amended: No. 16 of 2005 s. 23; No. 31 of 2011 s. 52.]