83APower to request employee to undergo medical examination

#### 83A Power to request employee to undergo medical examination (1) If a claimant has requested the employer to reconsider a determination under subsection 78(2), the employer may, by written notice given to the claimant, require: (a) the employee to undergo, within a reasonable period set out in the notice, an examination by a legally qualified medical practitioner nominated by the employer; and (b) the claimant to give the employer a report by the medical practitioner of the results of the examination. (2) An employee must not be required to be examined by more than one legally qualified medical practitioner in any examination that the employee is required to undergo under subsection (1). (3) Subject to subsection (7), an employer who requires an employee to undergo an examination under this section must pay the cost of the examination and is liable to pay to the employee: (a) an amount equal to the expenditure reasonably incurred by the employee in making a journey, necessary in connection with the examination, from the place in Australia where the employee is residing to the place where the examination is to be made; and (b) an amount equal to the expenditure reasonably incurred by the employee in remaining (if necessary), for the purpose of the examination, at a place to which the employee has made a journey for that purpose. (4) If the journey referred to in paragraph (3)(a) is made by means of public transport or ambulance service, the expenditure referred to in that paragraph is taken to be an amount equal to the expenditure reasonably incurred in undertaking the journey. (5) If the journey referred to in paragraph (3)(a) is made by means of a private motor vehicle, the expenditure referred to in that paragraph is taken to be the amount worked out using the formula:  where: > specified rate per kilometre means such rate per kilometre as the Minister specifies, by legislative instrument, under this subsection in respect of journeys to which this subsection applies. > number of kilometres travelled means the number of whole kilometres that the employer determines to have been the reasonable length of such a journey (including the return part of the journey). (6) If the place where the employee is residing is not the place where the employee normally resides, the amount payable in respect of the journey is not to exceed the amount that would be payable if the journey were made from the place where the employee normally resides. (7) An employer is not required to pay an amount to an employee under subsection (3) unless: (a) in relation to a journey to which subsection (4) applies—the employee’s injury reasonably required the use of public transport or ambulance services (as the case may be) regardless of the distance involved; or (b) in relation to a journey to which subsection (5) applies—the reasonable length of such a journey exceeded 50 kilometres. (8) In deciding questions arising under subsections (3), (4), (5), (6) and (7), the employer making the decision must have regard to the following matters: (a) the means of transport available to the employee for the journey; (b) the route or routes by which the employee could have travelled; (c) the accommodation available to the employee. (9) An employee must not be required to undergo an examination under this section at more frequent intervals than are stated by the Minister by legislative instrument. (10) If the employer does not receive a report by the medical practitioner of the results of the examination of the employee, the employer may refuse to reconsider the determination under section 78 until the employer receives the report.