Australian Capital Territory Consolidated Regulations

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WORKERS COMPENSATION REGULATION 2002 - REG 5

Approval of medical guidelines

    (1)     The Minister may, in writing, approve medical guidelines about—

        (a)     the diagnosis of, or prognosis or treatment for, injuries; or

        (b)     how to assess the extent of an injury for the Act, part 4.4 (Compensation for permanent injuries).

Note     Power given under a regulation to make a statutory instrument (including medical guidelines) includes power to amend or repeal the instrument (see Legislation Act, s 46 (1)).

    (2)     If the work safety council sets up an advisory committee mentioned in the Act, section 206 (Minister must take advice), the Minister must consider any recommendation made by the committee about proposed medical guidelines.

    (3)     An approved medical guideline is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act.

    (4)     An approved medical guideline may apply, adopt or incorporate an instrument, or a provision of an instrument, as in force at a particular time.

Note     The text of an applied, adopted or incorporated instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see  s 47 (7)).

    (5)     The Legislation Act, section 47 (5) does not apply to a medical guideline mentioned in subsection (1) (b).



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