Victorian Consolidated Legislation

Accident Compensation Act 1985 - SECT 45

Medical questions

45. Medical questions





(1) Where the County Court exercises jurisdiction under this Part, the County
Court-

   (a)  may refer a medical question; or

   (b)  if a party to the proceedings requests that a medical question or
        medical questions be so referred, must, subject to subsections (1B)
        and (1C), refer that medical question or those medical questions-

to a Medical Panel for an opinion under this Division.

(1A) This section extends to, and applies in respect of, an application for
leave under section 134AB(16)(b)-

   (a)  so as to enable in accordance with subsection (1)(a) the court hearing
        the application to refer a medical question (including a medical
        question as defined in paragraphs (h) and (i) of the definition of
        medical question in section 5(1)); or

   (b)  so as to require in accordance with subsection (1)(b) the court
        hearing the application at the request of a party to the application
        to refer a medical question (including a medical question as defined
        in paragraph (h) of the definition of medical question in section 5(1)
        but excluding a medical question as defined in paragraph (i) of that
        definition)-

for the opinion of a Medical Panel.

(1B) The County Court may refuse to refer a medical question to a Medical
Panel on an application under subsection (1)(b) if the County Court is of the
opinion that the referral would, in all the circumstances, constitute an abuse
of process.

(1C) The County Court has on an application under subsection (1)(b) the
discretion as to the form in which the medical question is to be referred to a
Medical Panel.

(2) If the County Court refers a medical question to the Panel, the Court must
give each party to the proceedings, copies of all documents in the possession
of the Court relating to the medical question.



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(4) If the County Court refers a medical question to a Medical Panel, the
Court must give a copy of the Panel's opinion to the worker and to the
employer, Authority or self-insurer and may give a copy to a party to the
proceedings.