NOTICE TO MARITIME INDUSTRY ORGANISATIONS
AND OTHER INTERESTED PARTIES
NOTICE NO 5/1996
provision of documents to a claimant
The purpose of this notice is to bring employers’ attention to the requirements of section 68 of the Seafarers Rehabilitation and Compensation Act 1992.
Section 68 requires an employer, at the written request of a claimant (that is, a person who has submitted a claim for compensation), to give to the claimant “any documents held by the employer that relate to the claimant’s claim”.
The word “document” is defined in the Acts Interpretation Act 1901 to include:
(a) any paper or other material on which there is writing;
(b) any paper or other material on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and
(c) any article or material from which sounds, images or writings are capable of being reproduced with or without the aid of any other article or device.
“Document” therefore includes any video tape that has been obtained as a result of surveillance of the claimant and information held on a computer, even if it has not been printed.
Section 68 does not apply to documents (other than medical reports) to which legal professional privilege applies. The High court set down the test for legal professional privilege in Grant v Downs (1976) 135 CLR 674. For legal professional privilege to apply, the documents in question must be brought into existence for the sole purpose of submission to legal advisers for advice, or for use in legal proceedings.
If any employer is found guilty by a court of not providing documents requested by a claimant, the employer is liable to a maximum fine of $5,000 if the employer is a natural person, or $25,000 if the employer is a body corporate.
Issued: July 19
For all enquiries in respect of this notice please contact the Seafarers Safety, Rehabilitation and Compensation Authority on (02) 6121 7120, or alternatively by e-mail at seacare@comcare.gov.au
