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\[4\] \[5\].