6Meaning of clinically relevant research

6 Meaning of clinically relevant research In this regulation: clinically relevant research means research— (a) recognised as clinically relevant by a specialist medical college; or (b) approved by the Minister under section 7. 7 Approval of clinically relevant research (1) The Minister may approve information (including information on an internet site) as clinically relevant research. (2) An approval is a notifiable instrument. (3) An approval may apply, adopt or incorporate an instrument as in force from time to time. Note 1 The Legislation Act, s 47 (3) provides that a statutory instrument may apply an instrument as in force only at a particular time. Subsection (3) allows the approval to also apply, adopt or incorporate an instrument as in force from time to time. Note 2 A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act, s 14 (2)). (4) The Legislation Act, section 47 (5) and (6) does not apply to an instrument mentioned in subsection (3). Note The text of an applied, adopted or incorporated instrument, whether applied as in force at a particular time or from time to time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).

Section 8 page 6 Workers Compensation Regulation 2002 8 Meaning of evidence-based methodology In this regulation: evidence-based methodology means the application by a doctor of the doctor’s clinical expertise, and any relevant approved medical guidelines or clinically relevant research, to— (a) identify the aetiology of an injured worker’s injury; and (b) diagnose the injury; and (c) give a prognosis for the injury; and (d) make recommendations about medical treatment for the injury. 8A Calculation of total wages—Act, s 7A, def total wages The ACT Wages and Earnings Guide is prescribed for working out total wages. Note The ACT Wages and Earnings Guide is accessible at www.ors.act.gov.au/worksafe.

How medical assessments must be done Division 3.1 Section 8B Division 3.1 How medical assessments must be done 8B Doctor that may provide medical certificate for imminently fatal asbestos-related disease—Act, s 116 (2) (a) A doctor in any of the following fields of medical specialty is prescribed: (a) oncology; (b) respiratory medicine; (c) cardio-thoracic surgery. 9 Using evidence-based methodology (1) A doctor who does a medical assessment of an injured worker must do the assessment using evidence-based methodology. Note The Act, s 118 (2) provides that a medical certificate required to accompany a claim for weekly compensation must comply with the requirements for medical assessments under the regulations. If s 118 (2) is not complied with, for example, if a medical certificate about an injured worker is deficient because it does not refer to an approved medical guideline or clinically relevant research for that type of injury, under the Act, s 119 the insurer may tell the worker about the deficiency. The worker’s claim is not considered to have been made until the deficiency is fixed. If the insurer does not tell a worker about a deficiency, the claim is taken to comply with s 118 (2) (see the Act, s 119 (3)). (2) The doctor must record the results of the assessment, including the following matters: (a) the aetiology of the worker’s injury;