109Surveillance recordings

109 Surveillance recordings

109 Surveillance recordings

(1) A surveillance recording may not be referred to a medical assessor in medical assessment proceedings for the purposes of the enabling legislation unless—

(a) exceptional circumstances exist, as determined by the Commission or the President, and

(b) the Commission or the President orders that the surveillance recording may be referred.

(2) A party who wishes to lodge a surveillance recording for referral must—

(a) lodge the recording with the application or reply lodged by the party in accordance with subrule (2A), and

(b) serve the entire recording on the other parties, including material from the recording that is not lodged.

(2A) When lodging the surveillance recording, the party must—

(a) lodge only the material from the surveillance recording that is relevant to the issues in the proceedings, and

(b) accompany the material with—

(i) a description of other surveillance recording material in the party’s custody or control, and

(ii) the reason the other material is not relevant to the issues in the proceedings.

(3) The claimant may file a response addressing the surveillance recording within 7 days of the date on which the surveillance recording was served on the claimant.

(4) If a party wishes to submit a surveillance recording but has not complied with subrule (2)—

(a) rule 67C applies, and

(b) for the purpose of applying rule 67C, the party’s failure to comply is taken to be a failure to comply with rule 67A.

rule 109: Am 2022 (170), Sch 1[10] [11]; 2024 (587), Sch 1[4] [5].