49Procedure of Tribunal

49 Procedure of Tribunal

(1)  [Section 49 Subsection (1) amended by No. 16 of 1995, s. 37 ][Section 49 Subsection (1) omitted by No. 18 of 2021, s. 381, Applied:05 Nov 2021] .  .  .  .  .  .  .  .  

(1A)  [Section 49 Subsection (1A) amended by No. 18 of 2021, s. 381, Applied:05 Nov 2021] [Section 49 Subsection (1A) inserted by No. 99 of 2000, s. 26, Applied:01 Jul 2001] A party may not adduce expert evidence at a hearing to which this Act relates, other than a hearing under section 81A, unless –

(a) the evidence has been disclosed to the other parties to the hearing during the conciliation process in accordance with section 42G; or

(b) the Tribunal otherwise allows.

(2)  [Section 49 Subsection (2) amended by No. 18 of 2021, s. 381, Applied:05 Nov 2021] *[Section 49 Subsection (2) substituted by No. 16 of 1995, s. 37 ]*In proceedings, to which this Act relates, that are before the Tribunal–

(a) the onus of proving an initial entitlement to a payment of compensation to a worker or the dependants of a worker lies on the worker or those dependants; and

(b) the onus of proving that a worker is no longer entitled to the payment of compensation lies on the employer.

(3)  [Section 49 Subsection (3) amended by No. 18 of 2021, s. 381, Applied:05 Nov 2021] [Section 49 Subsection (3) substituted by No. 43 of 1993, s. 7 ]**[Section 49 Subsection (3) amended by No. 16 of 1995, s. 37 ][Section 49 Subsection (3) substituted by No. 99 of 2000, s. 26, Applied:01 Jul 2001] Where a medical question arises in any proceedings, to which this Act relates, that are before the Tribunal, the Tribunal may –

(a) determine the medical question on any medical evidence presented to the Tribunal; or