VICIn ForceAct
Workplace Injury Rehabilitation and Compensation Act 2013
167CDetermination that it is not necessary or practicable to obtain an assessment
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167C Determination that it is not necessary or practicable to obtain an assessment
(1) The Authority or self-insurer may determine that it is not necessary or practicable to assess a worker in accordance with Division 4 of Part 2 for the purposes of an impairment determination.
(2) The Authority or self-insurer may make a determination under subsection (1) if satisfied of any of the following—
(a) there is no reasonable prospect of the worker having a whole person impairment of more than 20 per cent;
(b) there is no reasonable prospect of the worker having a whole person impairment of 20 per cent or less and this is likely to be the case permanently;
(c) the worker resides overseas;
(d) it is not reasonable or practicable for the worker to attend an assessment.
(3) For the purposes of making a determination under subsection (1), the Authority or self‑insurer must have regard to the following matters—
(a) the medical evidence available to the Authority or self-insurer;
(b) whether the worker's degree of impairment is likely to be permanent;
(c) any practical barriers to the worker being assessed in accordance with Division 4 of Part 2;
(d) whether determining the degree of impairment of the worker without assessing the worker in accordance with Division 4 of Part 2 is likely to disadvantage the worker.
(4) The Authority or self-insurer must give a worker written notice of a determination made under this section in respect of the worker.
(5) A notice under subsection (1) must include a written statement of each injury to which the determination relates.
S. 167D inserted by No. 8/2024 s. 16.