Section 37
Inquiry by arbitrator
(1)
For the purposes of this Act the Commissioner Power~o~the and an arbitrator shall have all the powers of a magistrate ;ro~~~f~nn
for the summoning and examination of witnesses and the arbitrator administration of oaths or affirmations and for compelling
46
Cap. 7
Workmen's Compensation the production of documents and material objects and the
Commissioner and an arbitrator shall be a civil court for all the purposes of section 132 and of Chapter XXXII of the
Criminal Procedure Code.
(2)
The Commissioner or an arbitrator shall make a brief memorandum of the substance of the evidence of ev·
ery witness as the examination of the witness proceeds, and such memorandum shall be signed by the Commissioner or the arbitrator with his own hand and shall form part of the record:
Provided that the evidence of any medical witness shall be taken down as nearly as may be word for word.
(3)
Any person who in any way wilfully obstructs the service of or obedience to any summons and any person summoned who neglects to attend and to produce docu·
ments as required in such summons and any person who commits in respect of such inquiry any offence described in
Cap. 22
Chapter X of the Penal Code shall be punishable on convic-tion as provided in that Chapter.
(4)
Every person who gives evidence before the
Commissioner or an arbitrator shall be bound to answer truthfully all questions put to him by the Commissioner or the arbitrator and any person who wilfully makes any false statement or who gives any evidence in any inquiry under this Act which he knows to be untrue, or who does any
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other act, which if done in a judicial proceeding would be
......._,, punishable under Chapter XI of the Penal Code, shall be punishable on conviction as provided in that Chapter. No evidence taken under this Act shall be admissible in any criminal proceeding against the person who gave such evi·
dence except when such person is charged with an offence under Chapter X or XI of the Penal Code.
(5)
Every arbitrator shall be deemed to be a public servant within the meaning of the Penal Code.
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Workmen's Compensation
CAP. 74 38.
(1)
In any proceedings under the provisions of this
Act any document purporting to be -
(a)
a report under the hand of a registered medical practitioner upon any workman examined or treated by him; or
(b)
a statement under the hand of a competent authority as to the depen~ency and the degree of dependency on a deceased workman of any person claiming to be a dependant of such workman.
shall be prima facie proof of the facts stated therein and the signature of such registered medical practitioner or compe-tent authority shall be admitted without proof unless the
Commissioner or an arbitrator shall have reason to doubt the genuineness thereof:
Provided that nothing herein contained shall prevent the
Commissioner or an arbitrator from taking into, considera-tion any other evidence as to the existence of dependants or the extent of dependency.
(2)
For the purposes of this section
"registered medical practitioner" includes any medical practitioner registered under any written law relating to the registration of medical practi-tioners in force in the country in which such medic-al practitioner resides;
"competent authority" means
(a)
within Brunei, any District Officer; and
(b)
outside Brunei any Commissioner, state
Commissioner, Deputy Commissioner or Assistant
Commissioner, or officer holding an equivalent position appointed under any law relating to work-
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Documents admissible as evidence in proceedings
B.L.R.O.ll1984
48
Arbitrator's order to be sent to Com-missioner
Costs
Power to sub-mit cases
Appeal from arbttrator
Workmen's Compensation man's compensation in force m the country m which the claimant resides.