Commonwealth Numbered Acts

SEAFARERS REHABILITATION AND COMPENSATION ACT 1992 No. 234, 1992 - SECT 90

90.(1) If:

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

   (b)  the claimant has not disclosed that matter to the AAT 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 AAT.

(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, document or copy of the document,
        specified 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 AAT,
        admissible in proceedings instituted under this Part in relation to
        the determination.

(3) The AAT must not give leave under subsection (2) unless:

   (a)  the claimant provides a statement of reasons why he or she failed to
        comply with a notice under section 67 or 83; and

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