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

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

146U .         Procedure and powers of panels

        (1)         In making an assessment a specialised retraining assessment panel is to act speedily and informally, and in accordance with good conscience, without regard to technicalities or legal forms and, except as provided in this Act, is not bound by rules of practice nor evidence.

        (2)         For the purposes of assisting it in making an assessment a specialised retraining assessment panel may request the worker, employer, insurer, medical practitioner or approved vocational rehabilitation provider concerned —

            (a)         to attend before the panel; or

            (b)         to answer questions put by the panel; or

            (c)         to produce to the panel any relevant document; or

            (d)         to authorise any person who possesses a relevant document to produce it to the panel.

        (3)         Powers given by subsection (2) to a panel 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.

        (4)         A person is not entitled to be represented in proceedings before a specialised retraining assessment panel.

        (5)         If the worker concerned, without reasonable excuse (proof of which is on the worker), refuses to comply with a request made by the panel under subsection (2)(a), (b), (c) or (d), an arbitrator may issue a certificate to that effect and upon the issue of the certificate the making of an assessment in relation to the retraining criterion in question is suspended until an arbitrator certifies that the suspension is removed.

        (6)         To the extent that the practice and procedure of a specialised retraining assessment panel are not prescribed under this Act, they are to be as the panel determines.

        [Section 146U inserted: No. 42 of 2004 s. 110.]