New South Wales Consolidated Acts

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MOTOR ACCIDENT INJURIES ACT 2017 - SECT 7.20

Medical assessment procedures

7.20 Medical assessment procedures

(cf s 60 MACA)

(1) A medical dispute about a claim may be referred to the President for assessment under this Division by--
(a) either party to the dispute, or
(b) a court or the Commission, or
(c) a merit reviewer.
(2) The President is to arrange for the dispute to be dealt with by one or more medical assessors.
(2A) The President may arrange for a medical assessor to assess the dispute outside the State--
(a) if requested by a party to the dispute, or
(b) with the consent of the parties to the dispute.
(2B) In deciding whether to make an arrangement under subsection (2A), the President must consider the following--
(a) the interests and wishes of the parties to the dispute,
(b) the nature and complexity of the dispute,
(c) if the arrangement is necessary for the timely and cost effective assessment of the dispute,
(d) other matters the President considers relevant.
(3) The President can refuse to accept the referral by a party to a claim of a dispute about the degree of permanent impairment if the party has provided insufficient evidence in support of the degree of permanent impairment asserted by the party.
(4) The claimant and the insurer must provide to the medical assessor such information as the assessor may reasonably require for the purposes of the medical assessment.
(5) It is a condition of an insurer's licence under this Act that the insurer must comply with subsection (4).
(6) The medical assessor may decline to make a medical assessment if the claimant or the insurer has failed to provide any such information required by the assessor.



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