38Definitions

38 Definitions

38 Definitions

(1) In this Division—

parties means the requesting party and the producer.

party to proceedings includes the insurer of an employer in workers compensation proceedings.

proceedings means—

(a) workers compensation proceedings referred to the Commission under the 1998 Act, section 288, and

(b) police officer support scheme proceedings referred to the Commission under the Police Regulation 2025, section 137.

producer means a party to proceedings named or proposed to be named in a notice for production.

requesting party means a party to proceedings who intends to serve or has served a notice for production on a producer.

(2) For the purposes of this Division, a document—

(a) does not include a document that must be provided, under enabling legislation, to a requesting party by a claimant, employer, insurer, police officer or the Commissioner of Police in relation to a claim, whether on request or otherwise, except if there has been a failure to provide the document as and when required by the relevant provision, and

(b) is taken to be relevant to a fact in issue if it could rationally affect the assessment of the probability of the existence of the fact, other than by relating solely to the credibility of a witness, regardless of whether the document would be admissible in evidence.

rule 38: Am 2025 (708), Sch 1[7] [8]; 2026 (116), Sch 1.2[4].