51Selection of members of medical panel

51 Selection of members of medical panel

(1)  If the Commissioner refers a medical question to a medical panel, the Commissioner must select 3 medical practitioners from the medical practitioner register to form the medical panel in relation to the medical question.

(2)  The medical practitioners selected to form a medical panel in relation to a medical question are to be medical practitioners –

(a) who are listed in the medical practitioner register; and

(b) so far as is reasonably practicable, who are specialists in the field of medicine in which occurs the asbestos-related disease to which the medical question relates.

(3)  If a medical question relates to more than one asbestos-related disease, the Commissioner is to ensure, so far as is reasonably practicable, that amongst the medical practitioners selected to form the medical panel there is, in relation to each of the fields of medicine in which occurs a disease to which the medical question relates, a medical practitioner who is a specialist in the field.

(4)  The Commissioner must not select a medical practitioner to be part of a medical panel in relation toa medical question in respect of a person if the medical practitioner –

(a) has, in any capacity other than that of member of a medical panel –

(i) been involved in the examination or treatment of the person in relation to whether or not the person has an asbestos-related disease or the degree of impairment, or incapacity, of the person; or

(ii) provided medical services, including by giving a medical certificate, to the person in relation to whether or not the person has an asbestos-related disease or the degree of impairment, or incapacity, of the person; or

(b) informs the Commissioner that, for any reason, the medical practitioner's appointment to the medical panel could give rise to a conflict of interest.

(5)  A member of a medical panel is entitled to be paid the remuneration determined by the Minister.