Western Australian Current Regulations

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WORKERS' COMPENSATION AND INJURY MANAGEMENT ARBITRATION RULES 2011


TABLE OF PROVISIONS

   PART 1 -- Preliminary  

   1.      Citation  
   2.      Commencement  
   3.      Terms used  
   3A.     EDS exempt  
   4.      Relief from procedural requirements  
   5.      Arbitrator may fix time  
   6.      Order to obey requirement of rules

   PART 2 -- Lodging documents  

   7.      Term used: document  
   8.      Form of documents  
   9.      Lodging documents  
   10.     Lodging by email  
   11.     Notification by Registrar or arbitrator through EDS  
   12.     Day of lodgment  
   13.     Registrar must accept or reject document  
   14.     Review of Registrar’s decision to reject document

   PART 3 -- Serving documents  

   15.     Party who lodges document must serve copy on other parties  
   16.     Serving documents  
   17.     Address for service  
   18.     Personal service  
   19.     Service by email  
   20.     Time of service  
   21.     Substituted service  
   22.     Certificate of service

   PART 4 -- Applications for arbitration  

   22A.    Application of this Part to fatality compensation applications  
   23.     Time limit for lodging application for arbitration  
   24.     Registrar may extend time for lodging application for arbitration  
   25.     Material to be lodged and served with application for arbitration  
   26.     Application for order as to total liability (section 217) or additional expenses (clause 18A)  
   27.     Reply to application  
   28.     Procedure where party does not reply  
   29.     Material to be lodged and served with reply  
   30.     Adducing late material in evidence

   PART 5 -- Proceedings before an arbitrator  

   32.     Party may discontinue proceeding  
   33.     Adjournment of proceeding  
   34.     Application for adjournment  
   35.     Late application for adjournment  
   36.     Application may be dismissed or determined if adjournment not granted  
   37.     Interlocutory applications  
   38.     Consent orders  
   39.     Proceedings to be held in private  
   40.     Arbitrator must not interview individual parties or witnesses  
   41.     Statement as to agreed facts and issues  
   42.     Directions hearing  
   43.     Notice of hearing  
   44.     Index and record of documents

   PART 6 -- Disclosure of documents and information  

   45.     Duty of disclosure  
   46.     Disclosure without order  
   47.     Orders relating to disclosure  
   48.     Request for order to produce documents: section 193  
           49. Continuing obligation to disclose documents  
   50.     Order under rule 47 or section 193

   PART 7 -- Representation  

   51.     Notice of representation  
   52.     Litigation guardian

   PART 8 -- Joinder of parties  

   53.     Arbitrator may give leave to join another party  
   54.     Notice of joinder  
   55.     Reply by person joined

   PART 9 -- Witnesses  

   56.     Summons  
   57.     Witness statements  
   58.     Medical evidence  
   59.     Medical reports

   PART 10 -- Costs  

   60.     Term used: costs  
   61.     Order as to costs  
   62.     Application for assessment of costs  
   63A.    Submission on application for order as to costs or for assessment of costs  
   63.     Expenses of approved medical specialist panel or approved specialised retraining assessment panel

   PART 11 -- Medical assessment panels and specialised retraining assessment panels

           Division 1 -- Medical assessment panels  

   64.     Form for requirement to attend  
   65.     Time, date and place of meeting  
   66.     Notice of meeting  
   67.     Giving documents to medical assessment panel  
   68.     Objection to document being given to medical assessment panel

           Division 2 -- Specialised retraining assessment panels  

   69.     Form for request to attend  
   70.     Time, date and place of meeting  
   71.     Notification of meeting  
   72.     Giving documents to specialised retraining assessment panel  
   73.     Objection to document being given to specialised retraining assessment panel

   PART 12 -- Miscellaneous  

   74.     Section 180 request  
   75.     Arbitration Service seal  
   76.     Use of seal  
   77.     Approved forms  
   78.     Amendment of documents  
   79.     Application of these rules to pending arbitration proceedings
           Defined terms  
           Workers’ Compensation and Injury Management Act 1981
           Workers’ Compensation and Injury Management Arbitration Rules 2011 PART 1 -- Preliminary


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