Directives | CAD-7 rev.1: Transcript Distribution Policy

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CAD-7 Rev. 1

Transcripts will be distributed only as follows:

  1. To the presiding adjudicator upon request.
  2. To an expert retained to do an assessment of a claimant and parties entitled to question the expert. When a transcript is provided to an expert, one will also be provided to the parties who participated in the hearing. When requested, all parties who participated in the hearing will also receive a copy of the transcript of the oral examination of an expert that occurs following the receipt of an expert report.
  3. To the claimant, limited to his or her evidence for memorialisation purposes.
  4. To a review adjudicator.
  5. To legal counsel retained by an unrepresented claimant where legal advice is sought on whether to accept or review a decision.
  6. (a) To a party, upon request and where a transcript has already been prepared, subsequent to receipt of a decision for the stated purpose of deciding to seek a review of a decision. The transcript will be provided to all parties.

    (b) To a party, upon request and where a transcript has not already been prepared, subsequent to receipt of a decision the digital recording will be provided for the stated purpose of deciding to seek a review of the decision. The digital recording will be provided to all parties.
  7. To all participating parties where the presiding adjudicator or the Chief Adjudicator concludes that because of an adjournment of the hearing a significant period of time has elapsed (in excess of four months).
  8. To all participating parties where a claimant who has received a transcript of his or her testimony and in support of a requested review makes specific reference to passages in the transcript.
  9. Re Alleged Perpetrator Hearings:
    1. To an alleged perpetrator, but limited to a transcript of the alleged perpetrator’s testimony. Neither the alleged perpetrator nor his or her legal counsel are entitled to a transcript of the claimant’s hearing.
    2. The presiding adjudicator or the Chief Adjudicator can order that a transcript of an alleged perpetrator hearing be provided to all participating parties where an extended period of time has elapsed since the hearing for the alleged perpetrators.
    3. To claimant’s counsel where counsel was not in attendance at the hearing of an alleged perpetrator.
  10. Re-Openers: A transcript of the original hearing will be provided upon request to claimant’s counsel or the claimant. A transcript of the teleconference for a re-opener will be provided to the adjudicator upon request and to all participating parties upon request when the presiding adjudicator or Chief Adjudicator concludes that because of an adjournment a significant period of time has elapsed (in excess of four months).
  11. Short Form Decisions: A transcript of an adjudicator’s oral reasons in support of a Short Form Decision shall be provided to a participating party, upon request.
  12. Closing Comments: A transcript of the closing comments to the claimant shall be provided to the claimant, upon request.
  13. Complex Track cases: A transcript of Complex Track hearings, or such portions thereof as the adjudicator deems necessary, shall be provided to the participating parties, upon request, with leave of the adjudicator.

(Approved by IAPOC 4/17/12)