Workers Rehabilitation and Compensation Regulations 2021

Workers Rehabilitation and Compensation Regulations 2021

21 June 2021

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Workers Rehabilitation and Compensation Act 1988.

These regulations may be cited as the Workers Rehabilitation and Compensation Regulations 2021.

These regulations take effect on 13 July 2021.

In these regulations –

Act means the Workers Rehabilitation and Compensation Act 1988;

application means an application under the Act to the Tribunal;

deputy registrar means a Deputy Registrar within the meaning of the Tasmanian Civil and Administrative Tribunal Act 2020;

document includes – a copy of a document; and an audio tape or soundtrack or compact disc; and a computer program or software and any other information recorded in or processed by a computer; and a film, photograph, videotape or cinematographic film;

inspect includes the following, with or without the aid of equipment:view data or visual images embodied in any device; listen to sounds embodied in any device; reproduce sounds, data or visual images embodied in any device;

party means a party to an application or referral;

proof of evidence means a written statement containing the substance of an expert witness's evidence;

property includes real and personal property;

referral means a referral under the Act;

Registrar includes a deputy registrar;

working director means a person who – is a director of a company; and performs work for that company under a contract of service.

If the Tribunal considers that the conduct of an application or referral has been unduly delayed, the Tribunal, by giving notice to the parties, may make any of the following orders:an order fixing the date on which an arbitrated hearing is to occur; an order fixing a timetable for the completion of any proposed action by the parties and any consequential order if that timetable is not complied with; any other order it considers appropriate.

In determining whether or not the conduct of an application or referral has been unduly delayed, the Tribunal is to have regard to any time limits fixed by these regulations or the Act.

Any party may request that the Tribunal make an order under subregulation (1).

A party, by notice in writing served on any other party, may request – discovery of any document or property that is relevant to the issues in dispute in any application or referral; and a list of all documents discoverable under paragraph (a); and disclosure of the location of those documents.

A party on whom a notice is served under subregulation (1) is to comply with the notice within 14 days after the date of service of the notice or within any other period agreed to by the parties.

The Tribunal may order a party who has not complied with subregulation (2) to make discovery under subregulation (1) within any period that the Tribunal considers appropriate.

If further documents that are discoverable under subregulation (1)(a) come into the possession, custody or control of a party who has already made discovery, that party is to make further discovery as soon as practicable.

Any document in respect of which privilege is claimed under any law is exempt from discovery.

This regulation does not apply to a referral made under section 81A of the Act, other than a referral made under section 81A(5) of the Act.

A party, by notice served on any other party, may request inspection of any discovered document in the possession, custody or control of that other party.

A party on whom a notice is served under subregulation (1) is to provide, within 14 days after the date of service of the notice or within any other period agreed to by the parties, a date, time and place for the inspection of the relevant document.

The Tribunal may order a party who has not complied with subregulation (2) to provide a date, time and place for the inspection of the relevant document within any period that the Tribunal considers appropriate.

A notice under this regulation may be made in combination with a notice under regulation 6.

On the application of any party, the Tribunal may make an order for the inspection of any property in the possession, custody or control of a party which is relevant to the issues in dispute in any application or referral or as to which any question may arise.

The Tribunal may make an order subject to the condition that the party applying for the order pay the reasonable costs and expenses of any party required to make available the property for inspection.

Any plan, model, film, audio tape, disk, soundtrack or other device in which sounds, data or visual images are embodied is not receivable at the arbitrated hearing unless – the parties agree, without further proof after having been given an opportunity to inspect it – before the arbitrated hearing at a time fixed by the Tribunal; or if no time is fixed by the Tribunal, within a reasonable period before the arbitrated hearing begins; or the Tribunal, at or before the arbitrated hearing, otherwise orders.

A party, without notice to any other party, may apply to the Tribunal for an order for evidence of any plan, model, film, audio tape, disk, soundtrack or device referred to in subregulation (1) to be received at the arbitrated hearing without prior disclosure to any other party.

An application is to be made before the arbitrated hearing.

The Tribunal may – make the order; or refuse to make the order; or direct that the application be served on any other party before making an order under paragraph (a) or (b).

A party is not to interrogate any other party except with the leave of the Tribunal.

The Tribunal may only grant leave to interrogate if, in the opinion of the Tribunal, an interrogatory is likely to – narrow the issues in dispute; or shorten the proceedings.

A party is to answer an interrogatory by affidavit.

The Tribunal may make any or all of the following orders against a person who is not a party to an application or referral:an order for inspection of a document that is relevant to the issues in dispute in any application or referral; an order authorising the observation or recording of, or the taking of a sample of or from, any property; an order that a person make discovery of any document or property that – is relevant to the issues in dispute in any application or referral; and is or has been in the possession, custody or power of that person; an order that a person answer on oath any interrogatory that is relevant to the issues in dispute in any application or referral.

An order under subregulation (1) may be general or limited to a certain class of documents or property.

If a party fails to carry out any direction under section 42I of the Act, the Tribunal may make –

an interim order; or any other order that it considers appropriate.