41Compliance with notice for production

#### 41 Compliance with notice for production 41 Compliance with notice for production > > (1) A producer must comply with a notice for production by delivering to the requesting party, at the requesting party’s address for service and within the time required by rule 40(2), a clear copy of the document referred to in the notice that is— > > > > > (a) in the possession or control of the producer, and > > > > > (b) not the subject of a notice of objection referred to in subrule (2). > > > (2) A producer must also serve on the requesting party, at the requesting party’s address for service and within the time required by rule 40(2), a notice of objection concerning a document that has not been delivered, stating— > > > > > (a) the document is not suitable for copying but may be inspected at a specified place and time and on a date within 7 days of the date on which the notice of objection was served on the requested party, or another date agreed to by the parties, or > > > > > (b) the document is privileged and the reasons for the claim of privilege, or > > > > > (c) the document is not relevant to a fact in issue in the proceedings and the reasons why it is not relevant, or > > > > > (d) if the producer is a claimant—an amount sufficient to meet the reasonable expenses of complying with the notice for production has not been paid, and the reasons for making the assertion, or > > > > > (e) the document has already been produced to the requesting party, or > > > > > (f) the document is, to the best of the producer’s knowledge or belief, in the possession or control of another specified person, or > > > > > (g) the producer has no knowledge of the document’s existence or location, or > > > > > (h) another objection to production and the reasons for the objection. > > > (3) A requesting party who wishes to oppose a notice of objection must, within 2 working days of the date on which the notice of objection was served on the requesting party, lodge, and serve on the other parties, a notice of opposition. > > > (4) The notice of opposition must— > > > > > (a) set out the reasons for the opposition, and > > > > > (b) attach a copy of the notice for production and the notice of objection. > > > (5) The Commission or the President may determine an objection to a notice for production by— > > > > > (a) setting aside the notice for production wholly or in part, or > > > > > (b) directing the documents be produced to the requesting party or the Commission, or > > > > > (c) making another order the Commission or the President thinks fit. > > > (6) If a producer fails to comply with a notice for production in workers compensation proceedings— > > > > > (a) the requesting party may, by written notice to the principal registrar within 2 working days after the time for compliance has expired, request that the principal registrar refer the matter to the Authority for consideration of the prosecution of an offence under section 290(2) of the 1998 Act, and > > > > > (b) the Commission may, on the application of the requesting party or of its own motion, make a determination as to costs under Chapter 7, Part 8, Division 3 of the 1998 Act as it thinks fit, subject to the applicability of section 341 of the 1998 Act as in force before 1 October 2012. > > > (7) To avoid doubt, the President may exercise a function of the Commission under subrule (6)(b) in addition to, or instead of, making an order under section 290(6)(c) of the 1998 Act.