Western Australian Numbered Acts Western Australian Numbered Acts (1) If an application
for arbitration is accepted, each party to the dispute must comply with the
provisions (the information exchange requirements ) of the arbitration rules
as to —
(a) the
documents, other things and information that the party must provide to other
parties and the Registrar; and
(b) the
time or times at which, and manner in which, the documents, other things and
information must be provided.
(2) A party to a
dispute who fails to comply with the information exchange requirements of the
arbitration rules commits an offence unless the failure is excused under
section 374(1).
Penalty for this subsection: a fine of
$5 000.
(3) A statement in
writing made by a worker cannot be tendered in evidence or used by the
employer or insurer in a proceeding before an arbitrator unless a copy of the
statement has been provided to the worker.
(4) Any document,
other thing or information that a party to a dispute has failed to provide in
contravention of the information exchange requirements of the arbitration
rules cannot be admitted on behalf of the party in a proceeding on the dispute
before an arbitrator.
(5) A witness cannot
appear in a proceeding on a dispute before an arbitrator if a party to the
dispute has failed to provide a statement from that witness in contravention
of the information exchange requirements of the arbitration rules.
(6)
Subsections (2), (4) and (5) do not apply if the party is a
worker unless it is established that the worker was represented by a legal
practitioner or authorised agent acting for the worker in connection with the
dispute at the relevant time.
(7) The arbitration
rules may provide for and may authorise an arbitrator to permit —
(a) the
admission in a proceeding before the arbitrator of any document, other thing
or information that would otherwise be inadmissible under this section; and
(b) the
appearance in a proceeding before the arbitrator in specified circumstances of
a witness who would otherwise not be permitted to appear under this section.
(8) If an arbitrator
is satisfied that a party has failed without reasonable excuse to comply with
a requirement under this section, the arbitrator may do any 1 or more of
the following —
(a)
refer the matter to the CEO;
(b) note
the matter in a certificate issued by the arbitrator in respect of the dispute
(together with details of the documents, other things or information to which
the failure relates);
(c)
order that a specified amount or proportion of the costs that would otherwise
be recoverable by the party in connection with a proceeding on the dispute
before an arbitrator is not recoverable.