9Requiring medical examinations

9 Requiring medical examinations

(1) Before the relevant authority requires the employee to undergo a medical examination, the relevant authority must consider whether it has sufficient information regarding the following matters: (a) the employee’s circumstances; or (b) any change in the employee’s circumstances; or (c) the employee’s capability of undertaking a rehabilitation program.

Note: Paragraph (1)(c) may be relevant where, for example, a relevant authority has an obligation or function in relation to a matter concerning a claim for compensation under Division 3 of Part II (concerning injuries resulting in incapacity for work) or section 39 (concerning alterations, modifications or aids or appliances) of the SRC Act.

Information to be sought from employee’s treating practitioner (2) If, in the opinion of the relevant authority, there is insufficient or inconsistent information regarding a matter specified in subsection (1), the relevant authority should: (a) request in writing the employee’s treating practitioner provide information regarding that matter; and (b) specify that the information must be provided to the relevant authority in writing; and (c) specify a date being not less than 14 days after the date of the request for the information to be provided by the employee’s treating practitioner.

Note: The effect of a request made in accordance with subsection (2) 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 requests the further evidence and end on the day the relevant authority receives the report, if:

(a) the employee’s treating practitioner is a medical practitioner; and
(b) the claim is a claim for compensation under section 14 of the SRC Act.
See item 5 of the table in section 11A of the SRC Regulations.

(3) The relevant authority should rely on the employee’s treating practitioner and the information (if any) provided by the treating practitioner in accordance with subsection (2) as much as possible before requiring the employee to undergo a medical examination by an independent medical practitioner. (4) The circumstances in which it is appropriate for the relevant authority to require the employee to undergo a medical examination are where: (a) the relevant authority has complied with subsections 9(1) and (2); and (b) in the opinion of the relevant authority, there is still insufficient or inconsistent information regarding the matters specified in subsection 9(1) such that an examination is required; and (c) it is consistent with any obligation or function of the relevant authority to require the employee to undergo an examination, re-examination or periodic monitoring of the injury. Views to be sought from employee (5) Before the relevant authority requires the employee to undergo a medical examination, the relevant authority must: (a) request, verbally or in writing, the views of the employee, including the reasons for those views, about the matters specified in subsection (6); and (b) specify that the employee’s views must be provided to the relevant authority by a date being not less than 3 business days after the date of the request. (6) The following matters are specified for the purposes of subsection (5): (a) the selection of the medical practitioner who is to conduct the medical examination; and (b) whether the employee requires a support person; and (c) any other relevant matter that should be considered by the relevant authority before it requires the employee to undergo the medical examination.