Commonwealth Numbered Acts

COMMONWEALTH EMPLOYEES' REHABILITATION AND COMPENSATION ACT 1988 No. 75 of 1988 - SECT 36

36. (1) Where an employee suffers an injury resulting in an incapacity for
work or an impairment, the rehabilitation authority may at any time, and shall
on the written request of the employee, arrange for the assessment of the
employee's capability of undertaking a rehabilitation program.

(2) An assessment shall be made by:

   (a)  a legally qualified medical practitioner nominated by the
        rehabilitation authority;

   (b)  a suitably qualified person (other than a medical practitioner)
        nominated by the rehabilitation authority; or

   (c)  a panel comprising such legally qualified medical practitioners or
        other suitably qualified persons (or both) as are nominated by the
        rehabilitation authority.

(3) The rehabilitation authority may require the employee to undergo an
examination by the person or panel of persons making the assessment.

(4) Where an employee refuses or fails, without reasonable excuse, to undergo
an examination in accordance with a requirement, or in any way obstructs such
an examination, the employee's rights to compensation under this Act, and to
institute or continue any proceedings under this Act in relation to
compensation, are suspended until the examination takes place.

(5) The relevant authority shall pay the cost of conducting any examination of
an employee and is liable to pay to the employee an amount equal to the amount
of the expenditure reasonably incurred by the employee in making a necessary
journey in connection with the examination or remaining, for the purpose of
the examination, at a place to which the employee has made a journey for that
purpose.

(6) In deciding questions arising under subsection (5), a relevant authority
shall have regard to:

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

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

   (c)  the accommodation available to the employee.

(7) Where an employee's right to compensation is suspended under subsection
(4), compensation is not payable in respect of the period of the suspension.

(8) Where an examination is carried out, the person or persons who carried out
the examination shall give to the rehabilitation authority a written
assessment of the employee's capability of undertaking a rehabilitation
program, specifying, where appropriate, the kind of program which he or she is
capable of undertaking and containing any other information relating to the
provision of a rehabilitation program for the employee that the rehabilitation
authority may require.