On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 27/02/2008.
25. The principal Act is amended by inserting, immediately after section 25, the following sections:
25A.
—(1) Notwithstanding anything in this Act, the Commissioner may, at any time after a claim for compensation has been made under section 11, make such order or give such direction as he thinks fit, including the direction for any person in relation to the claim to appear before him, for the determination of the claim.
(2) Where any party fails to comply with any order made or direction given by the Commissioner under subsection (1), the Commissioner may dismiss the claim or make such other order as he thinks fit.
(3) The Commissioner may, in exercising his powers under subsection (1), make such order as to costs as he thinks fit.
(4) Any order or direction made or given against any person who does not appear before the Commissioner when directed to do so under subsection (1) may be set aside or varied by the Commissioner on such terms as he thinks just.
25B.
—(1) Without prejudice to the generality of section 25A(1), at any time after a claim for compensation has been made under section 11, the Commissioner may direct parties to attend a pre-hearing conference by serving a notice to the parties.
(2) At the pre-hearing conference, the Commissioner may consider any matter including the possibility of settlement of all or any of the issues for the hearing and require the parties to furnish the Commissioner with any such information and document as he thinks fit, and may also give all such directions as appear to be necessary or desirable for the determination of any issue for hearing.
(3) If any party defaults in complying with any such directions as may be given by the Commissioner under subsection (2), the Commissioner may, either in his own discretion or upon the application of any party, make a decision concerning the claim and in pursuance of that decision, make such order for payment of compensation as he thinks just.
(4) Any order made under subsection (3) may be set aside or varied by the Commissioner, on the application of any party, on such terms, if any, as he thinks just.
(5) At any time during the pre-hearing conference where the parties are agreeable to a settlement of some or all of the matters for hearing, the Commissioner may record that settlement and make an order to give effect to the settlement.
25C.
—(1) If, at the time appointed for the pre-hearing conference, one or more of the parties to the action or proceedings fail to attend, the Commissioner may make a decision concerning the claim and make such order as to compensation or costs as he thinks just.
(2) An order made by the Commissioner in the absence of a party concerned or affected by the order may be set aside or varied by the Commissioner, on the application of that party, on such terms as he thinks just.
(3) Without prejudice to the generality of subsection (1), where one or more of the parties to the action or proceedings fail to attend the pre-hearing conference, the Commissioner may, if he thinks fit, adjourn the pre-hearing conference.
25D. The Commissioner may, after a claim for compensation has been made under section 11 —
(a)
conduct a hearing of the case and hand down a decision accordingly; and
(b)
make any order for the payment of compensation as he thinks just at or after the hearing.”.