New South Wales Consolidated Regulations

WORKERS COMPENSATION REGULATION 2016 - REG 46

46 Restriction on disclosure of forensic medical reports to medical assessors

(1) A forensic medical report must be disclosed to a medical assessor in connection with a claim or a work injury damages threshold dispute if any of the following occurs--

(a) the report was admitted in proceedings on the claim or dispute,

(b) no decision has been made as to whether or not the report is to be admitted, and--

(i) the report was the report nominated by the claimant or respondent as the report that the claimant or respondent concerned would introduce into evidence in proceedings on the claim, or

(ii) the report was the sole report in the particular specialty concerned that was lodged in relation to the claim by the claimant or respondent, as the case may be,

(c) the medical assessor calls for the production of the report under section 324(1)(b) of the 1998 Act.

(2) A forensic medical report is not to be disclosed to a medical assessor in connection with a claim or a work injury damages threshold dispute otherwise than in accordance with this clause.

(3) Nothing in this clause permits more than one forensic medical report of the type referred to in clause 44 to be disclosed to a medical assessor on behalf of a party to proceedings.

(4) In this clause--

"forensic medical report" --

(a) means a report from a specialist who has not treated the worker and that has been obtained for the purpose of proving or disproving an entitlement, or the extent of an entitlement, in respect of a claim or dispute, and

(b) includes a medical report provided by a medical practitioner in respect of an examination of the injured worker pursuant to section 119 of the 1998 Act.