90Evidence in proceedings before ART

#### 90 Evidence in proceedings before ART (1) If: (a) a claimant who has instituted proceedings under this Part seeks to adduce any matter in evidence before the ART in those proceedings; and (b) the claimant has not disclosed that matter to the ART at least 28 days before the day fixed for the hearing of those proceedings; that matter is not admissible in evidence in those proceedings without the leave of the ART. (2) If: (a) an employer has determined a claim and, before doing so, gave the claimant a notice under section 67 or 83 requesting the claimant to give the employer the information, the document or a copy of the document, or the authority, referred to in the notice; and (b) the claimant failed to comply with the notice; and (c) the claimant had the information, document or copy, or could have obtained the information, document or copy without unreasonable expense or inconvenience before the determination was made; the information, document or copy is not, without leave of the ART, admissible in proceedings instituted under this Part in relation to the determination. (2A) If: (a) an employer has determined a claim and, before doing so, gave the claimant a notice under section 83A requiring the employee to undergo an examination by a legally qualified medical practitioner and requiring the claimant to give the employer a report by the medical practitioner of the results of the examination; and (b) the claimant failed to give the employer the report; a report by the medical practitioner of the results of the examination is not, without leave of the ART, admissible in proceedings instituted under this Part in relation to the determination. (3) The ART must not give leave under subsection (2) or (2A) unless: (a) the claimant provides a statement of reasons why he or she failed to comply with a notice under section 67 or 83 or failed to give the report to the employer; and (b) the ART is satisfied that there are special circumstances justifying the admission of the information, document or copy, or the admission of the report, in evidence.