52Refusal or failure to take oath etc

52 Refusal or failure to take oath etc

52 Refusal or failure to take oath etc

(cf Act No 43 1983, section 12)

(1) If, at any hearing of referred proceedings, a witness—

(a) refuses or fails to take an oath when required by the arbitrator to do so, or

(b) refuses or fails to answer a question that the witness is required by the arbitrator to answer,

the arbitrator or a party to the proceedings may apply to the referring court for an order that the witness attend before the court for examination.

(2) Unless satisfied that there was a reasonable excuse for the refusal or failure of the witness to take the oath or answer the question, the referring court must make the order applied for.

(3) A court before which a witness attends and gives evidence pursuant to such an order may order the transmission to the arbitrator of the transcript of evidence.

(4) Any such evidence is taken to have been given at the hearing before the arbitrator.

(5) Failure to comply with an order under this section constitutes a contempt of the referring court, committed in the face of the court.

pt 2A, divs 1–6 (ss 18A–18O): Ins 2010 No 135, Sch 6.2 [2]. Rep 2013 No 1, Sch 1.6 [2].