Commonwealth Numbered Regulations

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WORKPLACE RELATIONS REGULATIONS 2006 (SLI NO 52 OF 2006) - REG 2.4.6

Use of previous evidence

         (1)   Subject to subregulations (2) and (3), any evidence given (whether orally, by statutory declaration or otherwise) in the course of proceedings before the Court, the Commission or a Registrar (in this regulation called the first proceedings ) may, in the discretion of a Registrar and subject to such terms and conditions as he or she determines, be used in any subsequent proceedings before that Registrar.

         (2)   A person who is a party to subsequent proceedings referred to in subregulation (1) may object to the use in those proceedings of any evidence given in the course of the first proceedings if the person was not a party to those first proceedings.

         (3)   The Registrar, in exercising his or her discretion under subregulation (1) and in determining under that subregulation the terms and conditions, if any, to which the use of such evidence is subject, must have regard to any objection made by a person under subregulation (2).

         (4)   If evidence has been given orally, this regulation does not authorise its use in subsequent proceedings before a Registrar unless:

                (a)    a written record of the evidence is available for the use of the Registrar; and

               (b)    the Registrar is satisfied that that record is a true record of the evidence.



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