Western Australian Numbered Acts Western Australian Numbered Acts (1) An arbitrator may
order any person (whether or not a party to a dispute before the
arbitrator) —
(a) to
produce, at a time and place specified in the order, the documents or other
things specified in the order; or
(b) to
provide specified information within a period specified in the order.
(2) The order may
require the documents or other things to be produced or the information to be
provided —
(a) in
the case of an order given to a party to a dispute before the
arbitrator — to the arbitrator or to another party to the dispute;
or
(b) in
the case of an order given to a person who is not a party to a dispute before
the arbitrator — to the arbitrator.
(3) If a person fails
without reasonable excuse to produce a document or other thing or provide
information in compliance with an order given to the person under this
section, the person cannot as a party to a proceeding before the Registrar or
an arbitrator have the document, other thing or information admitted in the
proceeding.
(4) An arbitrator may
exercise powers under this section at the request of a party to a dispute
before an arbitrator or on the arbitrator’s own initiative.
(5) The regulations or
arbitration rules may make provision for or with respect to any of the
following —
(a)
exempting specified kinds of documents, other things or information from the
operation of this section;
(b)
specifying cases and circumstances in which an arbitrator is required to
exercise the arbitrator’s powers under this section;
(c)
specifying cases and circumstances in which an arbitrator cannot exercise the
arbitrator’s powers under this section.
(6) An arbitrator may
order a person to produce a document, other thing or information despite any
rule of law relating to privilege or the public interest in relation to the
production of documents.