Compensation Court Act 1984 Compensation Court Rule (Privileged documents and things) 1999 (1999-601) [GG No 128 of 12.11.1999, p 10617] (NSW)

1999 No 601

Compensation Court Rule (Privileged New South Wales

documents and things) 1999

under the

Compensation Court Act 1984

The Compensation Court Rule Committee made the following rule of court under the Compensation Court Act 1984 on 28 October 1999.

S Davidson

Secretary of the Rule Committee

Explanatory note

The object of this Rule is to amend the Compensation Court Rules 1990 to include reference to relevant sections recently added to the Evidence Act 1995 and to extend the uniform principles to Acts, other than the Evidence Acts, that restrict access to information.

Published in Gazette No 128 of 12 November 1999, page 10617	Page 1
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1999 No 601
Compensation Court Rule (Privileged documents and things) 1999
Compensation Court Rule (Privileged documents and things) 1999

1     Name of Rule

This Rule is the Compensation Court Rule (Privileged documents and things) 1999.

2 Commencement

This Rule commences on 12 November 1999.

3 Amendment of Compensation Court Rules 1990

The Compensation Court Rules 1990 are amended as set out in

Schedule 1.

4 Notes

The explanatory note does not form part of this Rule.

Schedule 1 Amendments

(Clause 3)

[1]     Part 1, rule 5

In alphabetical order insert:

privileged document or thing in relation to any proceedings means, unless and until the Court directs that it cease to be a privileged document or thing:

(i)        a document or thing of which evidence could not be adduced in the proceedings over the objection of any person, by virtue of the operation of Part 3.10 Division 1 of the Evidence Act.

(ii)       a document the contents or production of which would disclose:

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Compensation Court Rule (Privileged documents and things) 1999

(A)

a protected confidence or the contents of a document recording a protected confidence or protected identity information, within the meaning of section 126B of the Evidence Act, where:

(I)	consent by the protected confider within the meaning of section 126C of the Evidence Act has not been given to disclosure of the confidence, contents or information; and
(II)	section 126D of the Evidence Act would not operate to stop Part 3.10 Division 1A of the Evidence Act from preventing the adducing of evidence in respect of the confidence, contents or information; or

(B)

a protected confidence or the contents of a document recording a protected confidence, within the meaning of section 126H of the Evidence Act, where:

(I)	consent by the protected confider within the meaning of section 126I of the Evidence Act has not been given to disclosure of the confidence or contents; and
(II)	section 126J of the Evidence Act would not operate to stop part 3.10 Division 1B of the Evidence Act from preventing the adducing of evidence in respect of the confidence or contents;

(iii)      where Party B is a natural person, a document or thing the contents or production of which may tend to prove that party B:

(A) has committed an offence against or arising under an Australian law or a law of a foreign country; or

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Compensation Court Rule (Privileged documents and things) 1999

(B) is liable to pay a civil penalty,

within the meaning of section 128 of the Evidence Act;

(iv)      a document the admission or use of which in a proceeding would be contrary to section 129 of the Evidence Act;

(v)       a document that relates to matters of state within the meaning of section 130 of the Evidence Act;

(vi)      a document to which section 131 of the Evidence Act applies;

(vii)     a document or thing:

(A)	the disclosure of the contents of which; or
(B)	the production of which; or
(C)	the admission or use of which,

in the proceedings would be contrary to any Act or Commonwealth Act other than the Evidence Act or the Evidence Act 1995 of the Commonwealth.

the Evidence Act means the Evidence Act 1995.

[2]     Part 18, rule 5A

Omit the rule, insert instead:

5A Privilege

production if it is a privileged document or thing.

[3]     Part 19, rule 2(3)

Omit the subrule, insert instead:

(3) Subject to subrule (4), a party may object to answer any

interrogatory on the following grounds but no other:

(a)	where the answer is not required by an order, that the interrogatory does not relate to any matter in question between him or her and the party requiring the answer;
(b)	that the interrogatory is vexatious or oppressive;

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(c)

unless and until the Court directs that the question shall not be prevented by this subrule:

(i)	that evidence in answer to a question in terms of the interrogatory could not be adduced in the proceedings over the objection of any person, by virtue of the operation of part 3.10 Division 1 of the Evidence Act;
(ii)	that an answer to the interrogatory could disclose:

(A) a protected confidence or the contents of a document recording a protected confidence or protected identity information, within the meaning of section 126B of the evidence Act, where: (I) consent by the protected confider

within the meaning of section 126C of the Evidence Act has not been given to disclosure of the confidence, contents or information; and

(II) section 126D of the Evidence Act would not operate to stop Part 3.10 Division 1A of the Evidence Act from preventing the adducing of evidence in respect of the confidence, contents or information; or

(B)	a protected confidence or the contents of a document recording a protected confidence, within the meaning of section 126H of the Evidence Act, where:
(I) consent by the protected confider within the meaning of section 126I of the Evidence Act has not been given to disclosure of the confidence or contents; and

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Compensation Court Rule (Privileged documents and things) 1999

(II) section 126J of the Evidence Act would not operate to stop Part 3.10 Division 1B of the Evidence Act from preventing the adducing of evidence in respect of the confidence or contents;

(iii)      where the party is a natural person, that an answer to the interrogatory may tend to prove that the party:

(A)	has committed an offence against or arising under an Australian law or a law of a foreign country; or
(B)	is liable to a civil penalty,

within the meaning of section 128 of the
Evidence Act.

(iv) that admission or use in a proceeding of evidence in answer to a question in terms of the interrogatory would be contrary to section 129 of the Evidence Act;

(v) that an answer to the interrogatory would contain information that relates to matters of state within the meaning of section 130 of the Evidence Act;

(vi) that an answer to the interrogatory would disclose a communication or a document to which section 131 of the Evidence Act applies;

(vii) that an answer to the interrogatory would disclose or result in disclosure of information the disclosure, admission or use of which in the proceedings would be contrary to any Act or Commonwealth Act other than the Evidence Act or the Evidence Act 1995 of the Commonwealth.

[4]     Part 20 and Part 23

Omit “the Evidence Act 1995”, wherever occurring insert instead “the
Evidence Act”

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[5]     Part 23, rule 15(1)

Omit “of privilege”, insert instead “that the document or thing is a privileged document or thing”.

[6]     Part 23, rule 16(2)

Omit the subrule.

[7]     Part 24, rule 1

Omit the definition of “privileged document or thing”.

[8]     Part 24, rule 13

Omit the heading “Application of Part 3.10 of the Evidence Act 1995”, insert instead “Privilege”.

BY AUTHORITY

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