Victorian Consolidated Legislation

Accident Compensation Act 1985 - SECT 63

Establishment and constitution

63. Establishment and constitution





(1) Medical Panels must be constituted as necessary for the purposes of this
Act and Part VBA of the Wrongs Act 1958 to carry out such functions as may be
conferred on a Medical Panel under this Act or that Part.

(2) For the purpose of constituting Panels, there is to be a list of members
consisting of medical practitioners appointed by the Governor in Council.

(3) From the list of members under subsection (2), the Minister-

   (a)  must appoint a Convenor; and

   (b)  may appoint a Deputy Convenor.

(3A) The Deputy Convenor may, subject to the direction of the Convenor,
exercise the functions and powers conferred on the Convenor by or under this
Act.

(3B) In the temporary absence of the Convenor, the Deputy Convenor has, and
may exercise, the functions and powers conferred on the Convenor by or under
this Act.

(4) A panel constituted after the commencement of section 27 of the Accident
Compensation (Amendment) Act 1998 is to consist of the number of members not
exceeding 5 as is determined by the Convenor of the Medical Panels in each
particular case.

(4A) Subsection (4) as in force before the commencement of section 27 of the
Accident Compensation (Amendment) Act 1998 continues to apply in respect of a
panel constituted before that commencement.

(5) If a medical practitioner on the list of members has treated or examined
or been engaged to treat or examine a worker (otherwise than in his or her
capacity as a member of a Medical Panel) he or she must not be a member of a
Medical Panel examining the worker.

(6) A matter or thing done or omitted to be done by a member of a Medical
Panel or the Convenor of the Medical Panels in the exercise of the functions
and powers of a member of a Medical Panel or the Convenor does not, if the
matter or thing was done or omitted in good faith, subject the member of a
Medical Panel or the Convenor of the Medical Panels personally to any action,
liability, claim or demand.

(6A) A matter or thing done or omitted to be done in the provision of expert
advice to a Medical Panel by a consultant engaged for that purpose does not,
if the matter or thing was done or omitted in good faith, subject the
consultant personally to any action, liability, claim or demand.

(7) A member of a Panel is entitled to be paid a remuneration (if any) and the
travelling and other allowances specified in the instrument of appointment.

(8) The Public Administration Act 2004 (other than Part 3 of that Act) applies
to a member in respect of the office of member.







(9) An instrument of appointment of a member may specify other terms and
conditions not inconsistent with the Act.

(10) The Authority must appoint such officers and employees as are necessary
for the proper functioning of medical panels.