148Procedure on appeal

148 Procedure on appeal

148 Procedure on appeal

(1) An appeal against a medical assessment must be heard by an Appeal Panel constituted by 3 persons chosen by the President as follows—

(a) 2 medical assessors,

(b) 1 member of the Commission who is a member assigned to the Police Officer Support Scheme Division of the Commission.

(2) The appeal must be by way of a review of the original medical assessment, but the review is limited to the grounds of appeal on which the appeal is made.

(3) To avoid doubt, a medical re-examination of the incapacitated police officer for the purposes of the review need not be conducted by all members of the Appeal Panel if the members agree for the medical re-examination to be conducted by only some of the members.

(4) Evidence that is fresh evidence or evidence in addition to or in substitution for the evidence received in relation to the medical assessment appealed against may not be given on an appeal by a party to the appeal unless the evidence was not available to the party, and could not reasonably have been obtained by the party, before the medical assessment.

(5) When attending an Appeal Panel for the purposes of an assessment, an incapacitated police officer is entitled to be accompanied by a person, whether or not a legal adviser or agent, to act as the police officer’s advocate and assist the police officer to present the police officer’s case to the Appeal Panel.

(6) The Appeal Panel may—

(a) confirm the medical assessment certificate given in connection with the medical assessment appealed against, or

(b) revoke the medical assessment certificate and issue a new medical assessment certificate.

(7) Sections 145 and 147 apply to a new medical assessment certificate.

(8) The decision of a majority of the members of an Appeal Panel is the decision of the Appeal Panel.