Order for Production of Documents or Material (Form AS10)

Section 341 of the Workers Compensation and Injury Management Act 2023 (WA) lets an arbitrator order any person, whether or not a party, to produce specified documents or things, or provide information, at a time and place in the order. Under r 32 of the Arbitration Rules 2024, a party asks for such an order by lodging an interlocutory application under r 44 (WorkCover WA form AS7), accompanied by a proposed order. AS10 is that proposed order. The arbitrator may make it if satisfied it is necessary for the fair, just, economical, informal and quick determination of the dispute, considering relevance, importance, time and cost, and likely effect on the outcome (r 31). Once made, the party must give the sealed order to the person and each other party at least 7 days before the production date (r 32(3)).

When you need it

• You are a party to an arbitration and need documents or material held by another party or a third party, such as medical, employment or insurer records.
• You have consulted the other parties and are lodging an interlocutory application (AS7) for the order. AS7 says an order for production also needs this form.
• You have received a sealed AS10 and want to understand what it requires of you.

1. 1

   Section A - case details

   Enter the case number, the applicant and the respondent, and the name of the person making the request.

2. 2

   Section B - order for production

   State the order sought, matching the orders described in your interlocutory application: who must produce, the specific documents or material, and the date, time and place for production. Describe documents precisely so the person can comply.

3. 3

   Section C

   Leave this blank. The Registrar or arbitrator signs and dates it if the order is made.

• Lodge AS10 together with the interlocutory application (AS7), through WorkCover WA Online unless you are EDS exempt (rr 32, 44, 61-63). Exempt parties can email arbitration@workcover.wa.gov.au, deliver it to 2 Bedbrook Place, Shenton Park WA 6008, or post it.
• If the order is made, give a copy of the sealed order to the person who must comply and to each other party at least 7 days before the production date (r 32(3)). A person is not required to comply with an order that was not given in that way (r 32(4)).

• Ask for what you need, not everything. The arbitrator weighs relevance, importance, time and cost before ordering production (r 31(2)).
• Allow enough time between the order and the production date to serve it at least 7 days ahead.
• For the person ordered to produce: the form warns that non-compliance may be an offence with a fine of up to $15,000 (s 385), and a party who fails without reasonable excuse to produce cannot later have that document admitted (s 341(3)).