WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 146L

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 146L

146L .         Procedure and powers of panels

        (1)         In assessing the degree of impairment the approved medical specialist panel —

            (a)         is to act speedily and informally, and in accordance with good conscience, without regard to technicalities or legal forms; and

            (b)         is not bound by rules of evidence.

        (2)         On being referred a question as to a worker’s degree of impairment, an approved medical specialist panel may —

            (a)         in accordance with the regulations, require the worker to attend at a place specified by the approved medical specialist panel;

            (b)         require the worker to answer any question about the injury;

            (c)         in accordance with the regulations, require the worker, the employer, or the employer’s insurer to —

                  (i)         produce to the approved medical specialist panel any relevant document or information; or

                  (ii)         consent to another person who has any relevant document or information producing it to the approved medical specialist panel;

            (d)         require the worker to submit to examination by, or as requested by, the members of the approved medical specialist panel.

        (3)         Regulations may be made —

            (a)         requiring a worker in respect of whom a question as to degree of impairment has been referred to an approved medical specialist panel to produce any information described in the regulations for use in dealing with the referral, and prescribing a fine of not more than $2 000 for a contravention of the requirement;

            (b)         about the time within which a requirement made under subsection (2) or imposed by a regulation under paragraph (a) has to be complied with if the time for complying is not specified in the requirement.

        (4)         Powers given by subsection (2)(a), (b) or (d) are to be exercised in private unless the worker otherwise consents, and any information or document obtained from, or by the consent of, the worker is not to be disclosed or given to any other person, except the person from whom it was obtained, without the consent of the worker.

        (5)         A person is not entitled to be represented in proceedings before an approved medical specialist panel.

        (6)         To the extent that the practice and procedure of an approved medical specialist panel are not prescribed under this Act, they are to be as the panel determines.

        [Section 146L inserted: No. 42 of 2004 s. 109.]