61

61 Determinations by medical panel if matter referred to accredited impairment assessors

(1)  [Section 61 Subsection (1) substituted by No. 12 of 2024, s. 4, Applied:05 Sep 2024] Subject to subsection (3) , if the medical panel receives from the Commissioner, under section 47 , a notice of a determination under section 45(3) in relation to a medical question –

(a) the determination is taken to be a determination of the medical panel under section 60 in relation to the medical question if the medical panel agrees with the determination; or

(b) if the medical panel does not agree with the determination, the determination is taken to be a referral of the medical question to the medical panel for the purposes of section 60 .

(2)  A medical panel, within 15 business days after receiving from the Commissioner a notice of a determination under section 45(3) from an accredited impairment assessor in relation to a medical question, may request the Commissioner to refer the medical question under section 45 to another accredited impairment assessor.

(3)  If the medical panel requests the Commissioner under subsection (2) to refer a medical question to another accredited impairment assessor, subsection (1) only applies in relation to the decision of the accredited impairment assessor to whom the medical question is referred in accordance with that request.