New South Wales Consolidated Acts

WORKERS' COMPENSATION (DUST DISEASES) ACT 1942 - SECT 7

7 Medical authority

(1) The medical authority, for the purposes of this Act, shall be a medical board consisting of 3 legally qualified medical practitioners who shall be appointed by the Minister, one of whom shall be appointed chairperson, another of whom shall be nominated by employers who employ workers in any industry or process, employment in which exposes the worker to the possibility of contracting a dust disease, and another by such workers.
The Minister may appoint one or more deputies of each member of the medical authority. Each such deputy shall have the like qualification and shall be appointed on the like nomination (if any) as is required for the appointment of the member for whom the person is to act as deputy.
In the event of the absence of any member from a meeting of the medical authority a deputy of such member shall be entitled to act in the member’s place at such meeting, and, while so acting shall, for all purposes, be deemed to be a member of the medical authority.
Every nomination under this subsection shall be in writing and shall be made at such times and in such manner as may be prescribed.

(1A) A member of the medical authority holds office for such period (not exceeding 3 years) as is specified in the member’s instrument of appointment and is eligible for reappointment.

(1B) A member appointed to the medical authority before the amendment of this section by the Workers Compensation Legislation (Amendment) Act 1994 is taken to have been appointed for a period of 3 years.

(2) A certificate affecting the compensation of any person shall be issued only after consideration of the case has been given by the medical authority at a meeting at which at least 2 members are present.
At any meeting of the medical authority the decision of 2 or more members on any question shall be the decision of the medical authority.

(3) The medical authority shall undertake such duties and make such examinations and furnish reports thereon as the board or the Minister may require.

(4) If a medical practitioner has given evidence or agreed to give evidence as a medical practitioner in connection with any legal proceedings taken by or on behalf of a worker or by any employer of the worker, the medical practitioner must not act as a member of a medical authority in connection with any case involving those proceedings.

(5) The certificate of a medical authority shall, subject to section 8I, be conclusive evidence as to the matters certified.

(6) No action or suit shall be brought or maintained against any person who is, or at any time has been, a member of the medical authority for anything done or omitted by the member pursuant to the duties imposed upon the member by or under this Act, nor shall any action, suit or other proceeding lie against the member, nor any costs be payable by the member, in respect of any proceeding before the medical authority.