Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011
60Determination by medical panel
Start here
Get a plain-English read of 60
Turn the raw legal text into a practical explanation grounded in Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011.
60 Determination by medical panel
(1) A medical panel must make a decision in relation to a medical question referred to the panel.
(2) If 2 or more members of a medical panel agree as to a decision in respect of a medical question, the decision is taken to be the decision of the medical panel.
(3) A medical panel may decide a medical question by –
(a) making a determination in relation to the medical question; or
(b) deciding that its members are unable to agree as to the determination of the medical question.
(4) If a medical panel decides that its members are unable to agree as to the determination of the medical question, the medical panel is to refer the question back to the Commissioner.
(5) A medical panel must notify the Commissioner in writing of the panel's decision –
(a) to make a determination in relation to a medical question; or
(b) that the medical panel is unable to agree as to the determination of the medical question and is referring the matter back to the Commissioner.
(6) A notice under subsection (5) that the medical panel has made a determination in relation to a medical question is to specify the evidence and any reasoning used in determining the question.
(7) A notice under subsection (5) that the medical panel is unable to agree as to the determination of a medical question is to include the reasons why the panel is unable to so agree.
(8) A notice of a medical panel's decision is to be given to the Commissioner within 3 business days after the decision is made.