NSWIn ForceAct
Workplace Injury Management and Workers Compensation Act 1998
321Referral of medical dispute for assessment
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#### 321 Referral of medical dispute for assessment
321 Referral of medical dispute for assessment
> > (1) A medical dispute (other than a dispute concerning permanent impairment of an injured worker) may be referred for assessment under this Part by a court, the Commission or the President, either of their own motion or at the request of a party to the dispute. The President is to give the parties notice of the referral.
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> > (2) The parties to the dispute may agree on the medical assessor who is to assess the dispute but if the parties have not agreed within 7 days after the dispute is referred, the President is to choose the medical assessor who is to assess the dispute.
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> > (3) The President may arrange for a medical assessor to assess the dispute outside the State—
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> > > (a) if requested by a party to the dispute, or
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> > > (b) with the consent of the parties to the dispute.
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> > (4) In deciding whether to make an arrangement under subsection (3), the President must consider the following—
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> > > (a) the interests and wishes of the parties to the dispute,
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> > > (b) the nature and complexity of the dispute,
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> > > (c) if the arrangement is necessary for the timely and cost effective assessment of the dispute,
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> > > (d) other matters the President considers relevant.
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> **s 321:** Ins 2001 No 61, Sch 4.2 \[17\]. Am 2005 No 113, Sch 1.1 \[20\]; 2018 No 62, Sch 2.2 \[3\] \[4\]; 2020 No 18, Sch 6.11\[51\]; 2021 No 32, Sch 1.21\[2\].