62Comcare’s power to require medical examination

62  Comcare’s power to require medical examination

 (a) a notice has been given to Comcare under section 58 in relation to a covered person; or

 (b) a covered person has made a claim for compensation under section 59;

Comcare may require the covered person to undergo an examination by one legally qualified medical practitioner nominated by Comcare.

 (2) If a covered person refuses or fails, without reasonable excuse, to undergo an examination, or in any way obstructs an examination, the covered person’s rights to compensation under the scheme, and to institute or continue any proceedings under the scheme in relation to compensation, are suspended until the examination takes place.

 (3) The Commonwealth must pay the cost of conducting any examination required under this section and is liable to pay to the covered person an amount equal to the amount of the expenditure Comcare determines to be reasonably incurred by the covered person in:

 (a) making a necessary journey in connection with the examination; or

 (b) remaining, for the purpose of the examination, at a place to which the covered person has made a journey for that purpose.

 (4) The matters to which Comcare must have regard in deciding questions arising under subsection (3) include:

 (a) the means of transport available to the covered person for the journey; and

 (b) the route or routes by which the covered person could have travelled; and

 (c) the accommodation available to the covered person.

 (5) If a covered person’s right to compensation is suspended under subsection (2), compensation is not payable in respect of the period of the suspension.

 (6) A covered person must not be required to undergo an examination under this section at more frequent intervals than are specified in an instrument in force under subsection 57(6) of the Safety, Rehabilitation and Compensation Act 1988.