47Direction for production

#### 47 Direction for production 47 Direction for production > > (1) A non-presidential member to whom proceedings are referred may order or refuse to order the issue of a direction for production requested under rule 46(1)— > > > > > (a) at a teleconference in the proceedings, or > > > > > (b) in a special case and for the avoidance of injustice, subsequently. > > > (2) If the party requesting a direction for production of documents is entitled to the documents, or copies of the documents, under one of the following obligations or authorities, a non-presidential member must not issue the direction unless the member is satisfied there has been a failure to give the documents under the obligation or authority— > > > > > (a) in workers compensation proceedings— > > > > > > > (i) an obligation imposed on a worker, employer or insurer in relation to a claim, whether on request or otherwise, under the workers compensation legislation, or > > > > > > > (ii) an obligation under the 1987 Act, Part 7, or a regulation, guideline, contract or arrangement made under the part, if the documents are in the possession or control of the Nominal Insurer or an agent of the Nominal Insurer, or > > > > > > > (iii) an authority a worker has provided to the employer or insurer to obtain the documents from a third party, > > > > > (b) in motor accident proceedings—an obligation imposed on a claimant or insurer in relation to a claim under the MAI Act, section 6.3, > > > > > (c) in police officer support scheme proceedings—an obligation under the [Police Regulation 2025](/view/html/inforce/current/sl-2025-0677), section 131, 139 or 157. > > > (3) In deciding whether to order the issue of the direction for production, the non-presidential member may do any of the following— > > > > > (a) determine an objection by a party, > > > > > (b) direct the times for service of the direction and production by the producer, > > > > > (c) direct the making of access orders, including a first access order, > > > > > (d) provide for another matter the member thinks fit. > > > (4) If the non-presidential member orders the issue of a direction for production— > > > > > (a) the party who requested the issue of the direction must prepare the direction in accordance with the terms of the order and deliver the direction to the Registry, and > > > > > (b) the Commission must issue the direction. > > > (5) In this rule— > > > > Nominal Insurer has the same meaning as in the 1987 Act. > > **rule 47:** Am 2025 (708), Sch 1\[9\]; 2026 (116), Sch 1.2\[5\].