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WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 98G

This legislation has been repealed.

WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 98G

98G—Powers and procedures on a referral

        (1)         A Medical Panel may ask a worker

            (a)         to meet with the Medical Panel and answer questions;

            (b)         to supply copies of all documents in the possession of the worker which relate to the medical question to the Medical Panel;

            (c)         to submit to a medical examination by the Medical Panel or by a member of the Medical Panel.

        (2)         A person or body referring a medical question to a Medical Panel must submit a document to the Medical Panel specifying—

            (a)         the injury or alleged injury to, or in respect of, which the medical question relates;

            (b)         the facts or questions of fact relevant to the medical question which the person or body is satisfied have been agreed and those facts or questions that are in dispute.

        (3)         A person or body referring a medical question to a Medical Panel must submit copies of all documents relating to the medical question in the possession of that person or body to the Medical Panel.

        (4)         If a Medical Panel requests and the worker consents, a medical expert who has provided a medical service to a worker in relation to the relevant compensable injury must—

            (a)         meet with the Medical Panel and answer questions; and

            (b)         supply relevant documents to the Medical Panel.

        (5)         If a worker unreasonably refuses to comply with subsection (1)



or in any way hinders an examination—

            (a)         the worker's rights to recover compensation under this Act with respect to the injury; or

            (b)         the worker's rights to weekly payments,

may be suspended by the Corporation until the examination has taken place in accordance with the requirements of the Medical Panel (and any weekly payments that would otherwise be payable during the period of suspension are forfeited).

        (6)         Any attendance of a worker before a Medical Panel must be in private, unless the Medical Panel considers that it is necessary for another person to be present.

        (7)         Information given to a Medical Panel cannot be used in subsequent proceedings unless—

            (a)         the proceedings are before the Tribunal or a court under this Act; or

            (b)         the worker consents to the use of the information; or

            (c)         the proceedings are for an offence against this Act.