Workers’ Compensation and Rehabilitation Act 2003

After an insurer refers a matter to a tribunal, relevant documents can only be exchanged between an insurer, the worker and the tribunal.

To remove any doubt, it is declared that an employer who is not an insurer or any other person not mentioned in subsection (1) whose interests may be affected by a decision made by a tribunal can not be given copies of relevant documents after a matter is referred to a tribunal.

The tribunal must give the worker a copy of a relevant document given by the insurer to the tribunal—

if the document is given under section 500A—within 10 business days after a matter is referred to the tribunal; or

otherwise—within 5 business days after the tribunal receives the document.

At least 10 business days before the worker is scheduled to attend before the tribunal, the worker must give the tribunal and the insurer a copy of any relevant document the worker wants considered by the tribunal.

At least 3 business days before the worker is scheduled to attend before the tribunal, the insurer may give the tribunal and the worker a written submission on the factual matters referred to in the relevant documents given by the worker under subsection (4).

A tribunal may proceed to decide a matter even though an insurer has not given a written submission to the tribunal and the worker.

A tribunal can not consider or rely on any relevant document given by the insurer or worker that has not been exchanged under this part.

However, subsection (7) does not prevent the tribunal from relying on either of the following—

a report resulting from an examination of a worker by a registered person nominated by the tribunal under section 510(1)(b);

a medical image given to the tribunal by the worker.