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Workers' Compensation and Rehabilitation Act 2003
sec.284Nondisclosure of certain material
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### sec.284 Nondisclosure of certain material
A party is not obliged to disclose information or a document if the information or document is protected by legal professional privilege.
However, the following must be disclosed even though otherwise protected by legal professional privilege—
investigative reports;
medical reports;
reports relevant to the worker’s rehabilitation;
relevant documents mentioned in section 279 , other than correspondence between a party and the party’s lawyer.
If an insurer or a contributor has reasonable grounds to suspect a claimant of fraud, the insurer or contributor may withhold from disclosure information, or omit a document or a passage from a document, that—
would alert the claimant to the suspicion; or
could help further the fraud; or
the insurer or contributor believes would meet the requirements of the Right to Information Act 2009 , schedule 3 .
Subsection (3) applies even if the information or document would, if the subsection did not apply, have to be disclosed under subsection (2) .
Also, WorkCover or an employer is not obliged to disclose the estimate of damages calculated by WorkCover for the purpose of premium setting under chapter 2 , part 3 .
s 284 amd 2004 No. 45 s 48 ; 2009 No. 13 s 213 sch 5
(sec.284-ssec.1) A party is not obliged to disclose information or a document if the information or document is protected by legal professional privilege.
(sec.284-ssec.2) However, the following must be disclosed even though otherwise protected by legal professional privilege— investigative reports; medical reports; reports relevant to the worker’s rehabilitation; relevant documents mentioned in section 279 , other than correspondence between a party and the party’s lawyer.
(sec.284-ssec.3) If an insurer or a contributor has reasonable grounds to suspect a claimant of fraud, the insurer or contributor may withhold from disclosure information, or omit a document or a passage from a document, that— would alert the claimant to the suspicion; or could help further the fraud; or the insurer or contributor believes would meet the requirements of the Right to Information Act 2009 , schedule 3 .
(sec.284-ssec.4) Subsection (3) applies even if the information or document would, if the subsection did not apply, have to be disclosed under subsection (2) .
(sec.284-ssec.5) Also, WorkCover or an employer is not obliged to disclose the estimate of damages calculated by WorkCover for the purpose of premium setting under chapter 2 , part 3 .
- (a) investigative reports;
- (b) medical reports;
- (c) reports relevant to the worker’s rehabilitation;
- (d) relevant documents mentioned in section 279 , other than correspondence between a party and the party’s lawyer.
- (a) would alert the claimant to the suspicion; or
- (b) could help further the fraud; or
- (c) the insurer or contributor believes would meet the requirements of the Right to Information Act 2009 , schedule 3 .