Commonwealth Consolidated Acts

SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 66

  (1)   Where:

  (a)   a claimant who has instituted proceedings under this Part seeks to adduce any matter in evidence before the Administrative Review Tribunal in those proceedings; and

  (b)   the claimant had not disclosed that matter to the Tribunal 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 Tribunal.

  (2)   Where:

  (a)   a determining authority has determined a claim and, before doing so, gave the claimant a notice under section   58 requesting the claimant to give the authority the information, document or copy of the document, specified in the notice;

  (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 shall not, without leave of the Administrative Review Tribunal, be admissible in proceedings instituted under this Part   in relation to the determination.

  (3)   The Administrative Review Tribunal shall not give leave under subsection   (2) unless:

  (a)   the claimant provides a statement of reasons why he or she failed to comply with the notice under section   58; and

  (b)   the Tribunal is satisfied that there are special circumstances justifying the admission of the information, document or copy in evidence.