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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 328

Power to require medical examination

  (1)   This section applies if a claim is made under section   319 by or on behalf of a person who is member or a former member.

  (2)   The Commission may, at any time after the claim is made, require the person to undergo an examination by one medical practitioner nominated by the Commission.

  (3)   The Commonwealth is liable to pay the cost of conducting the examination.

  (4)   The Commonwealth is liable to pay compensation to the person for any costs the Commission determines are reasonably incurred by the person:

  (a)   in making a necessary journey in connection with the examination; or

  (b)   in remaining, for the purpose of the examination, at a place to which the person has made a journey for that purpose.

  (5)   In making a determination under subsection   (4), the Commission must have regard to:

  (a)   the means of transport available to the person for the journey; and

  (b)   the route or routes by which the person could have travelled; and

  (c)   the accommodation available to the person.

  (6)   A person must not be required to undergo an examination under this section at more frequent intervals than are specified by the Minister by legislative instrument.


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