Commonwealth Numbered Acts

SEAFARERS REHABILITATION AND COMPENSATION ACT 1992 No. 234, 1992 - SECT 66

66.(1) If:

   (a)  a notice has been given under section 62 in relation to an injury to
        an employee; or

   (b)  an employee has made a claim for compensation under section 63; the
        employer to whom the notice of claim is given may require the employee
        to undergo an examination by a legally qualified medical practitioner
        nominated by the employer.

(2) If an employee, without reasonable excuse, does not undergo an
examination, or in any way obstructs 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.

(3) If an employee's right to compensation is suspended under subsection (2),
compensation is not payable in respect of the period of the suspension.

(4) An employer who requires an employee to undergo an examination under this
section must pay the cost of the examination and is liable to pay to the
employee:

   (a)  an amount equal to the expenditure reasonably incurred by the employee
        in making a necessary journey in connection with the examination; and

   (b)  an amount equal to the expenditure reasonably incurred by the employee
        in remaining (if necessary), for the purpose of the examination, at a
        place to which the employee has made a journey for that purpose.

(5) Without limiting the matters that may be taken into account in deciding
questions arising under subsection (4), the employer making the decision must
have regard to the following matters:

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

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

   (c)  the accommodation available to the employee.

(6) An employee must not be required to undergo an examination under this
section at more frequent intervals than are specified by the Minister by
written notice.