110Entitlement to support person

110 Entitlement to support person

110 Entitlement to support person

(1) If the person being assessed in medical assessment proceedings is a person under legal incapacity, the person is entitled to have a support person present during the proceedings, including—

(a) the person’s parent, carer or legal guardian, or

(b) the person’s tutor or next friend, or

(c) another support person or personal representative.

(2) If the person being assessed is not a person under legal incapacity, the medical assessor may allow a support person to be present during the assessment if the medical assessor—

(a) considers it reasonable in the circumstances, and

(b) has explained to the support person that the support person may only answer a question if the medical assessor directs.

(3) For the purposes of this rule, the following are not able to act as a support person—

(a) a legal or union representative,

(b) a treating medical or health practitioner of the person being assessed.

(4) In this rule—

person under legal incapacity has the same meaning as in section 7.47 of the MAI Act.