61Status of medical assessments

#### 61 Status of medical assessments 61 Status of medical assessments > > (1) The medical assessor or assessors to whom a medical dispute is referred is or are to give a certificate as to the matters referred for assessment. > > > (2) Any such certificate as to a medical assessment matter is conclusive evidence as to the matters certified in any court proceedings or in any assessment by the Commission in respect of the claim concerned. > > > (3) (Repealed) > > > (4) In any court proceedings, the court may (despite anything to the contrary in this section) reject a certificate as to all or any of the matters certified in it, on the grounds of denial of procedural fairness to a party to the proceedings in connection with the issue of the certificate, but only if the court is satisfied that admission of the certificate as to the matter or matters concerned would cause substantial injustice to that party. > > > (5) If a certificate as to any matter is rejected under subsection (4), the court is to refer that matter again for assessment under this Part and adjourn the proceedings until a further certificate is given and admitted in evidence in the proceedings. > > > (6) However, if a certificate as to whether or not the degree of permanent impairment of the injured person is greater than 10% is rejected under subsection (4), the court may, if it considers it appropriate, substitute a determination of the court as to the degree of permanent impairment of the injured person (assessed by the court in accordance with section 133) instead of referring that matter again for assessment under this Part. > > > (7) Except as provided by subsection (6), a court may not substitute its own determination as to any medical assessment matter. > > > (8) This section— > > > > > (a) does not prevent a court from referring a matter again for assessment under this Part (as provided for by section 62), and > > > > > (b) does not require a court to refer a matter again for assessment under this Part if the matter is not a medical assessment matter. > > > (9) A certificate is to set out the reasons for any finding by the medical assessor or assessors as to any matter certified in the certificate in respect of which the certificate is conclusive evidence. > > > (10) The following procedure is to apply if the assessment of more than one medical assessor is required to assess whether the degree of permanent impairment of the injured person is greater than 10% (not being an assessment of the degree of permanent impairment resulting from psychiatric or psychological injury)— > > > > > (a) each medical assessor is to give a certificate as to the degree of permanent impairment of the injured person resulting from the particular injury or injuries with which the medical assessor’s assessment is concerned, > > > > > (b) based on the matters certified in each such certificate a medical assessor nominated by the President for the purpose is to make an assessment of the total degree of permanent impairment resulting from all the injuries with which those certificates are concerned and is to give a certificate (a combined certificate) as to that total degree of permanent impairment, > > > > > (c) the combined certificate is conclusive evidence as to whether the degree of permanent impairment of the injured person is greater than 10% and this section applies to the combined certificate accordingly. > > > (11) If a medical assessor is satisfied that a certificate under this section contains an obvious error, the medical assessor may issue a replacement certificate to correct the error. > > **s 61:** Am 2000 No 25, Sch 1 \[1\]; 2006 No 16, Sch 3 \[3\]–\[5\]; 2007 No 95, Sch 1 \[26\]–\[29\]; 2020 No 18, Sch 6.7\[12\] \[13\].