Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) The following provisions apply to a proceeding before the Tribunal:
(a) the Tribunal is not bound by the rules of evidence but may inform itself on any matter in such manner as it thinks fit;
(b) the proceeding shall be conducted with as little formality and technicality, and with as much expedition, as the requirements of this Act and a proper consideration of the matters to be resolved permit.
(1A) A party may not adduce expert evidence at a hearing, other than a hearing under section 81A, unless –
(a) the evidence has been disclosed to the other parties to the hearing during the conciliation process in accordance with section 42G; or
(b) the Tribunal otherwise allows.
(2) In proceedings before the Tribunal –
(a) the onus of proving an initial entitlement to a payment of compensation to a worker or the dependants of a worker lies on the worker or those dependants; and
(b) the onus of proving that a worker is no longer entitled to the payment of compensation lies on the employer.
(3) Where a medical question arises in any proceedings before the Tribunal, the Tribunal may –
(a) determine the medical question on any medical evidence presented to the Tribunal; or
(b) refer the medical question, subject to subsection (3A), to a medical panel formed under section 50.
(3A) The Tribunal may only refer a medical question under subsection (3)(b) if –
(a) there is a conflict of medical opinion presented to the Tribunal on the question between –
(i) a medical practitioner engaged by the worker; and
(ii) any medical practitioner provided and paid by the employer or insurer; and
(b) one or more of the parties wishes the proceedings to continue.
(3B) If the parties to the proceeding cannot agree on the medical practitioner nominated by the Tribunal, the Tribunal must choose another medical practitioner who the Tribunal considers is appropriately qualified to provide the medical advice or opinion.
(4) The Tribunal is bound by the determination of a medical panel given in response to a medical question referred to it under subsection (3)(b).