You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Warning: This page is an archive.
General administrative information and links are not current and should not be used.
Contents (2011 - 37)
Workers Compensation Regulation 2010
Repealed version for 30 June 2016 to 31 August 2016 (accessed 20 November 2017 at 04:51)
Part 9
Part 9 Restrictions on obtaining medical reports
48   Definitions
In this Part:
claim means a claim for compensation payable or claimed to be payable under the 1987 Act.
proceedings means proceedings before the Commission or the District Court.
work injury damages threshold dispute means a dispute within the meaning of section 314 of the 1998 Act.
49   Restrictions on number of medical reports that can be admitted
(1)  In any proceedings on a claim or a work injury damages threshold dispute in relation to an injured worker, only one forensic medical report may be admitted on behalf of a party to proceedings.
(2)  A report referred to in subclause (1) must be from a specialist medical practitioner with qualifications relevant to the treatment of the injured worker’s injury.
(3)  Where the injury has involved treatment by more than one specialist medical practitioner, with different qualifications, then an additional forensic medical report may be admitted from a medical practitioner with qualifications in that specialty.
(4)  In this clause:
forensic medical report, in relation to a claim or dispute:
(a)  means a report from a specialist medical practitioner who has not treated the worker and that has been obtained for the purpose of proving or disproving an entitlement, or the extent of an entitlement, in respect of the claim or dispute, and
(b)  includes a medical report provided by a specialist medical practitioner in respect of an examination of the injured worker pursuant to section 119 of the 1998 Act, and
(c)  does not include a report from a specialist medical practitioner who has not treated the worker and that has been obtained for the purpose of proving or disproving an entitlement, or the extent of an entitlement, in respect of another claim or dispute.
50   Supplementary reports admissible
(1)  Despite clauses 49 and 51, a medical report other than the original report (a supplementary report) may be admitted if:
(a)  it has the purpose of clarifying the original report, for example, where it can be shown that there has been some omission in relation to the material originally provided that could lead to an opinion in the original report being expressed on the basis of inaccurate or incomplete information and it does not go outside the parameters of the original report, but merely confirms, modifies or retracts an opinion expressed in the original report, or
(b)  it has the purpose of updating the original report by confirming, modifying or retracting an opinion expressed in the original report, or
(c)  it has the purpose of addressing issues omitted from the original report, or
(d)  it has the purpose of addressing an opinion in the other party’s medical report.
(2)  A supplementary report can be provided as an addendum to the original report and in such a case the original report together with that addendum constitute the report referred to in clauses 49 and 51.
(3)  A supplementary report must have been provided by the medical practitioner who provided the original report except when the medical practitioner has ceased (permanently or temporarily) to practise in the specialty concerned, in which case the supplementary report must be provided by another medical practitioner of the same specialty.
51   Restriction on disclosure of forensic medical reports to approved medical specialists
(1)  A forensic medical report must be disclosed to an approved medical specialist in connection with a claim or a work injury damages threshold dispute if any of the following occurs:
(a)  the report was admitted in proceedings on the claim or dispute,
(b)  no decision has been made as to whether or not the report is to be admitted, and:
(i)  the report was the report nominated by the claimant or respondent as the report that the claimant or respondent concerned would introduce into evidence in proceedings on the claim, or
(ii)  the report was the sole report in the particular specialty concerned that was lodged in relation to the claim by the claimant or respondent, as the case may be,
(c)  the approved medical specialist calls for the production of the report under section 324 (1) (b) of the 1998 Act.
(2)  A forensic medical report is not to be disclosed to an approved medical specialist in connection with a claim or a work injury damages threshold dispute otherwise than in accordance with this clause.
(3)  Nothing in this clause permits more than one forensic medical report of the type referred to in clause 49 to be disclosed to an approved medical specialist on behalf of a party to proceedings.
(4)  In this clause:
approved medical specialist has the same meaning as in section 319 of the 1998 Act.
forensic medical report:
(a)  means a report from a specialist who has not treated the worker and that has been obtained for the purpose of proving or disproving an entitlement, or the extent of an entitlement, in respect of a claim or dispute, and
(b)  includes a medical report provided by a medical practitioner in respect of an examination of the injured worker pursuant to section 119 of the 1998 Act.
52   Restrictions on recovery of cost of medical reports
(1)  A party to proceedings on a claim is not entitled to be paid for or recover the cost of a medical report in connection with the claim unless:
(a)  the report has been admitted into those proceedings on behalf of the party, or
(b)  the report has been disclosed to an approved medical specialist.
(2)  A party to a claim where no proceedings have been taken is not entitled to be paid for or recover the cost of a medical report in connection with the claim unless the report has been served on another party, and:
(a)  the report would be admissible in proceedings on behalf of the party, or
(b)  the report could be disclosed to an approved medical specialist.
(3)  In this clause:
(a)  a reference to a claim includes a reference to an initial notification of injury (as defined in Part 3 of Chapter 7 of the 1998 Act), and
(b)  a reference to proceedings on a claim includes a reference to proceedings in respect of the payment of provisional weekly payments of compensation under the 1998 Act.
(4)  In this clause:
approved medical specialist has the same meaning as in section 319 of the 1998 Act.
53   Medical treatment not affected
This Part does not affect any entitlement of an injured worker to be paid for or recover the cost of obtaining medical treatment.
54   Reports of medical panels and referees not affected
This Part does not apply in respect of a medical report provided by an approved medical specialist under Part 7 of Chapter 7 (Medical assessment) of the 1998 Act in respect of the assessment of a new claim within the meaning of that Chapter.