63Assessment of employment capability

63  Assessment of employment capability

 (1) If a covered person suffers an injury resulting in an incapacity for work or an impairment, Comcare may at any time, and must on the written request of the covered person, arrange for the assessment of the covered person’s capability of returning to work in suitable employment.

 (2) An assessment must be made by:

 (a) a legally qualified medical practitioner nominated by Comcare; or

 (b) a suitably qualified person (other than a medical practitioner) nominated by Comcare; or

 (c) a panel comprising such legally qualified medical practitioners or other suitably qualified persons (or both) as are nominated by Comcare.

 (3) Comcare may require the covered person to undergo an examination by the person or panel of persons making the assessment.

 (4) If a covered person refuses or fails, without reasonable excuse, to undergo an examination in accordance with a requirement under this section, or in any way obstructs such 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.

 (5) However, subsection (4) does not operate to suspend the covered person’s right to compensation for the cost of medical treatment that is payable under section 25.

 (6) The Commonwealth must pay the cost of conducting any examination of a covered person and is liable to pay to the covered person an amount equal to the amount of the expenditure that Comcare determines was 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.

 (7) In deciding questions arising under subsection (6), Comcare must have regard to:

 (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.

 (8) If a covered person’s right to compensation is suspended under subsection (4), compensation is not payable in respect of the period of the suspension.

 (9) If an examination is carried out, the person or persons who carried out the examination must give Comcare a written assessment of the covered person’s capability of returning to work in suitable employment, specifying, where appropriate:

 (a) the hours which the covered person is capable of working; and

 (b) the level at which the covered person is capable of working.