46Restriction on disclosure of forensic medical reports to medical assessors

#### 46 Restriction on disclosure of forensic medical reports to medical assessors 46 Restriction on disclosure of forensic medical reports to medical assessors > > (1) A forensic medical report must be disclosed to a medical assessor in connection with a claim or a work injury damages threshold dispute if any of the following occurs— > > > > > (a) the report was admitted in proceedings on the claim or dispute, > > > > > (b) no decision has been made as to whether or not the report is to be admitted, and— > > > > > > > (i) the report was the report nominated by the claimant or respondent as the report that the claimant or respondent concerned would introduce into evidence in proceedings on the claim, or > > > > > > > (ii) the report was the sole report in the particular specialty concerned that was lodged in relation to the claim by the claimant or respondent, as the case may be, > > > > > (c) the medical assessor calls for the production of the report under section 324(1)(b) of the 1998 Act. > > > (2) A forensic medical report is not to be disclosed to a medical assessor in connection with a claim or a work injury damages threshold dispute otherwise than in accordance with this clause. > > > (3) Nothing in this clause permits more than one forensic medical report of the type referred to in clause 44 to be disclosed to a medical assessor on behalf of a party to proceedings. > > > (4) In this clause— > > > > forensic medical report— > > > > > (a) means a report from a specialist who has not treated the worker and that has been obtained for the purpose of proving or disproving an entitlement, or the extent of an entitlement, in respect of a claim or dispute, and > > > > > (b) includes a medical report provided by a medical practitioner in respect of an examination of the injured worker pursuant to section 119 of the 1998 Act. > > **cl 46:** Am 2020 (744), Sch 3\[5\]–\[7\].