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MOTOR ACCIDENTS (LIABILITIES AND COMPENSATION) ACT 1973 - SECT 27B Board may require examination

MOTOR ACCIDENTS (LIABILITIES AND COMPENSATION) ACT 1973 - SECT 27B

Board may require examination

(1)  In this section –
consultant means a person who is –
(a) a resident of this State or a resident of another State or a Territory and is entitled in accordance with the laws of that State or Territory to practise as a medical practitioner, a dentist, a neuro-psychologist, an occupational therapist, a physiotherapist or a psychologist in that State or Territory; or
(b) trained or skilled in the rehabilitation of injured people; or
(c) employed, engaged or retained by the Board in the capacity of care manager or rehabilitation provider;
examination means –
(a) an examination of an injured person by a consultant; or
(b) an examination of any accommodation or facilities used by or available to an injured person;
rehabilitation program means a program prepared by a consultant at the request of the Board to assist the rehabilitation of a person who has suffered personal injury.
(2)  This section applies where –
(a) a person has suffered personal injury; and
(b) the personal injury has resulted in, or may result in, the Board being required to pay scheduled benefits.
(3)  The Board may require an examination of a person to whom this section applies to be carried out if –
(a) the Board has requested a rehabilitation program in respect of the person, or is deciding whether or not to request such a program; or
(b) the right to, or amount of any, scheduled benefits or damages payable in respect of an injury referred to in subsection (2) depends on a determination by the Board, a decision of the Tribunal or a judgment by a court.
(4)  If the Board has required an examination to be carried out and –
(a) the injured person unreasonably refuses or fails to be examined by a consultant in accordance with the requirement; or
(b) a person caring for the injured person unreasonably refuses or fails to give a consultant reasonable access to the injured person to carry out an examination in accordance with the requirement; or
(c) access to any accommodation or facilities required to be examined in accordance with the requirement is unreasonably refused or not given –
the Board is not required to pay scheduled benefits in respect of the injured person, and proceedings in any court relating to the personal injury to the injured person may be stayed on the application of the Board for so long as the refusal or failure continues.
(5)  If an injured person unreasonably refuses or fails to comply, whether wholly or partly, with a rehabilitation program prepared for, or in respect of, that person, the Board is not required to pay scheduled benefits in respect of that person and proceedings in any court relating to the personal injury to that person may be stayed on the application of the Board for so long as the refusal or failure continues.