New South Wales Consolidated Regulations

WORKERS COMPENSATION REGULATION 2003 - REG 45

45 Restrictions on recovery of cost of medical reports

(1) A party to proceedings on a claim is not entitled to be paid for or recover the cost of a medical report in connection with the claim unless:

(a) the report has been admitted into those proceedings on behalf of the party, or

(b) the report has been disclosed to an approved medical specialist.

(2) A party to a claim where no proceedings have been taken is not entitled to be paid for or recover the cost of a medical report in connection with the claim unless the report has been served on another party, and:

(a) the report would be admissible in proceedings on behalf of the party, or

(b) the report could be disclosed to an approved medical specialist.

(3) In this clause:

(a) a reference to a claim includes a reference to an initial notification of injury (as defined in Part 3 of Chapter 7 of the 1998 Act), and

(b) a reference to proceedings on a claim includes a reference to proceedings in respect of the payment of provisional weekly payments of compensation under the 1998 Act.

(4) In this clause:
"approved medical specialist" has the same meaning as in section 319 of the 1998 Act.