Industrial Relations (Tribunals) Rules 2011
sec.64BNotice requiring non-party production
Start here
Get a plain-English read of sec.64B
Turn the raw legal text into a practical explanation grounded in Industrial Relations (Tribunals) Rules 2011.
sec.64B Notice requiring non-party production
A party to a proceeding may, by notice of non-party production, require a person who is not party to the proceeding (the non-party ) to produce to the party, within 14 days after service of the notice on the non-party, a document— directly relevant to a matter in issue in the proceeding; and in the possession or under the control of the non-party; and that is a document the non-party could be required to produce at the hearing for the proceeding. The party may not require production of a document if there is available to the party another reasonably simple and inexpensive way of proving the matter sought to be proved by the document. The non-party must comply with the notice but not before the end of 7 days after service of the notice on the non-party. The requirement, under this rule, for a non-party to produce a document is not an ongoing duty. r 64B ins 2014 SL No. 143 s 12 (sec.64B-ssec.1) A party to a proceeding may, by notice of non-party production, require a person who is not party to the proceeding (the non-party ) to produce to the party, within 14 days after service of the notice on the non-party, a document— directly relevant to a matter in issue in the proceeding; and in the possession or under the control of the non-party; and that is a document the non-party could be required to produce at the hearing for the proceeding. (sec.64B-ssec.2) The party may not require production of a document if there is available to the party another reasonably simple and inexpensive way of proving the matter sought to be proved by the document. (sec.64B-ssec.3) The non-party must comply with the notice but not before the end of 7 days after service of the notice on the non-party. (sec.64B-ssec.4) The requirement, under this rule, for a non-party to produce a document is not an ongoing duty.
- (a) directly relevant to a matter in issue in the proceeding; and
- (b) in the possession or under the control of the non-party; and
- (c) that is a document the non-party could be required to produce at the hearing for the proceeding.