12Rights to benefits to be determined by Commission

12 Rights to benefits to be determined by Commission (1) The right of any person to, and the amount of, a benefit under this Act shall be determined by the Commission, and regulations under this Act may prescribe the manner in which any such determination is to be made. (1A) The regulations may provide for the manner in which the Commission determines whether a benefit is necessary or reasonable. (2) In the exercise of its power to make determinations under subsection (1), the Commission may, on the advice of a medical practitioner, determine a treatment plan or a rehabilitation program for an injured person. (3) The Commission may determine a treatment plan or rehabilitation program for an injured person: (a) on application by the injured person; or (b) on the Commission's own initiative (and with or without the agreement of the injured person). (4) A treatment plan or rehabilitation program determined under this section: (a) may define and limit the kind and extent of treatment and care (including attendant care services) for which statutory benefits will be paid; and (b) may impose reasonable conditions, to be complied with by the injured person, on which the entitlement to statutory benefits for treatment and care is contingent. (5) In order to determine the nature or extent of statutory benefits to which an injured person is entitled, or to determine a treatment plan or rehabilitation program for an injured person, the Commission may exercise any of the following powers: (a) require the injured person to undergo an examination by a medical practitioner or other person nominated by the Commission;

Part 4 Payments in respect of injuries Division 1 General benefits Motor Accidents (Compensation) Act 1979 18 (ab) require the injured person to be assessed by an attendant care needs assessor nominated by the Commission; (b) require a medical practitioner, attendant care needs assessor or other person who has examined, assessed or treated the person to provide it with details and results of any such examination, assessment or treatment and any other information prescribed by regulation; (c) require the injured person to provide it with any other information prescribed by regulation. (6) Before the Commission imposes a requirement under subsection (5)(b) it must obtain from the injured person a written authorisation (which will be irrevocable) to obtain information of the relevant kind from medical practitioners and other persons who have examined, assessed or treated the injured person. (7) The Commission must suspend the payment of statutory benefits if an injured person fails without reasonable excuse to comply with: (a) a requirement under subsection (5); or (b) a request for a written authorisation under subsection (6); or (c) a condition of a treatment plan or rehabilitation program. (8) While the payment of statutory benefits is suspended under subsection (7) no right to statutory benefits accrues to the injured person. (9) In this section: attendant care needs assessor means a person, or a person of a class, approved by the Commission to assess a person's need for attendant care services. Part 4 Payments in respect of injuries Division 1 General benefits