60APower of Tribunal to make interim determinations, &c.

60A Power of Tribunal to make interim determinations, &c.

[Section 60A Inserted by No. 16 of 1995, s. 40 ]

(1)  [Section 60A Subsection (1) amended by No. 65 of 2004, s. 13, Applied:17 Dec 2004] The Tribunal may make an interim determination, ruling or direction in respect of a claim for compensation referred to it, whether or not liability for the claim has been accepted or disputed.

(1A)  [Section 60A Subsection (1A) inserted by No. 65 of 2004, s. 13, Applied:17 Dec 2004] The Tribunal may make an interim determination, ruling or direction in the following circumstances:

(a) where a delay by one side of the proceedings substantially prejudices the other side;

(b) where a party fails to comply with a direction of the Tribunal or a conciliator;

(c) where the Tribunal is otherwise satisfied that the interests of justice require it.

(2)  Where the Tribunal makes an interim determination, ruling or direction it must make an order which gives effect to that interim determination, ruling or direction.

(2A)  [Section 60A Subsection (2A) inserted by No. 65 of 2004, s. 13, Applied:17 Dec 2004] The Tribunal is not to make an order under subsection (2) in respect of the provision of a medical service under Part VI unless it is satisfied that –

(a) the service is reasonably necessary –

(i) to prevent a deterioration in the worker's medical condition; or

(ii) to promote an early return to work; or

(iii) to relieve significant pain or discomfort; and

(b) the total cost of the service will not exceed $5 000.

(2B)  [Section 60A Subsection (2B) inserted by No. 65 of 2004, s. 13, Applied:17 Dec 2004] It is not a requirement for the making of an interim order that the applicant might otherwise suffer serious or irreparable harm.