218ACAT review—decision

218 ACAT review—decision (1) In deciding an application for review of an SOI report of a person injured in a motor accident, the ACAT must, by order— (a) affirm the SOI report; or (b) set aside the SOI report and make an order confirming that the injured person’s injury has had a significant occupational impact on the person’s ability to undertake employment. (2) In deciding the application for review, the ACAT must only consider the information that was available to the independent medical examiner or independent assessor when the SOI assessment to which the SOI report relates was carried out. (3) However, the ACAT may, on application by a party, give the party leave to present information or evidence that was not reasonably available to the independent medical examiner or independent assessor when the SOI assessment was carried out. a medical report for an examination undertaken, but not reported on, when the SOI assessment was carried out (4) If the ACAT makes an order under subsection (1), the order takes effect on the date the ACAT makes the order, unless the ACAT otherwise orders.

SOI reports—ACAT review Part 3.3 (5) To remove any doubt, if the ACAT makes an order under subsection (1) (b), section 213 applies as if the decision of the ACAT is an SOI report from an independent medical examiner or independent assessor. (6) A regulation may prescribe conditions for allowing additional information or evidence to be presented under subsection (3).