New South Wales Consolidated Acts

WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 290

290 Information exchange between parties

(1) When a dispute is referred for determination by the Commission, each party to the dispute must provide to the other party and to the President, as and when required to do so by the Commission rules, such information and documents as the Commission rules require.

(2) A party to a dispute who fails without reasonable excuse to comply with a requirement of this section is guilty of an offence.

: Maximum penalty--50 penalty units.

(3) Any document or information that a party to a dispute has failed to provide in contravention of this section cannot be admitted on behalf of the party in proceedings on the dispute before the Commission.

(4) Subsections (2) and (3) do not apply if the party is a worker unless it is established that the worker was represented by a legal practitioner or agent (as defined in section 131) at the relevant time.

(5) The Commission rules may provide for exceptions to subsection (3). In particular, the Commission rules may authorise the Commission to permit the admission in proceedings before the Commission in specified circumstances of a document or information that would otherwise be not admissible under that subsection.

(6) If the President is satisfied that an applicant has failed without reasonable excuse to comply with a requirement of this section, the President may do any one or more of the following--

(a) refer the matter to the Authority,

(b) note the matter in a certificate issued by the President in respect of the dispute (together with details of the documents or information to which the failure relates),

(c) order that a specified amount or proportion of the costs that would otherwise be recoverable by the party in connection with the referral of the matter to the Commission are not recoverable.