Information exchange between parties
139 Information exchange between parties
If a dispute is referred for determination by the Commission, each party to the dispute must give the other party and the President, as and when required by the Commission rules, the documents and other information the Commission rules require.
A party to a dispute who fails, without reasonable excuse, to comply with a requirement of this section commits an offence.
Maximum penalty—20 penalty units.
A document or other information a party to a dispute has failed to give in contravention of this section cannot be admitted on behalf of the party in proceedings on the dispute before the Commission.
Subsections (2) and (3) do not apply if the party is an incapacitated police officer unless it is established the police officer was represented by a legal practitioner or an agent, within the meaning of the Workplace Injury Management and Workers Compensation Act 1998, section 131, at the relevant time.
The Commission rules may provide for exceptions to subsection (3).
Without limiting subsection (5), the Commission rules may authorise the Commission to permit, in specified circumstances, the admission of a document or other information in proceedings before the Commission that would otherwise not be admissible under subsection (3).
If the President is satisfied an applicant has failed, without reasonable excuse, to comply with a requirement of this section, the President may do one or more of the following—
note the matter in a certificate issued by the President in relation to the dispute, together with details of the documents or other information to which the failure relates,
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 is not recoverable.
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