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, 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—