11Notice requirements

11 Notice requirements

(1) As soon as practicable after a relevant authority makes a determination requiring the employee to undergo a medical examination, the relevant authority must give the employee a notice of the employee’s rights and obligations relating to the examination.

Note 1: The requirements for notifying determinations under section 57 are contained in section 61 of the SRC Act. Section 61 relevantly provides that the notice shall be in writing and set out: the terms of the determination; the reasons for the determination; and a statement to the effect that the employee may, if dissatisfied with the determination, request a reconsideration of the determination under subsection 62(2).

Note 2: The employee has rights and obligations under sections 57 and 62 of the SRC Act.

Note 3: The effect of a notice given in accordance with this section is that subsection 11A(3) of the SRC Regulations will apply and the period in which days are not counted for determining a claim will start on the day the relevant authority gives the employee the notice and end on the day the relevant authority receives the results of the medical examination. See item 1 of the table in section 11A of the SRC Regulations.

(2) The notice required by subsection (1) must also include the relevant authority’s reasons for: (a) accepting or not accepting, whether in whole or part, the views of the employee (if any) provided by the employee in accordance with subsection 9(5); and (b) relying on or not relying on, whether in whole or part, the employee’s treating practitioner and the information (if any) provided by the treating practitioner in accordance with subsection 9(2). (3) The notice required by subsection (1) must be given to the employee: (a) at least 14 days before the date of the medical examination; or (b) if the employee has agreed to a notice period of less than 14 days—a period before the date of the medical examination being not less than the notice period agreed to by the employee.