South Australian Numbered Acts

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RETURN TO WORK ACT 2014 (NO 16 OF 2014) - SECT 121

121—Referral by Tribunal or court

        (1)         The Tribunal or a court may, on its own initiative or an application by a party to proceedings before the Tribunal or court, refer any medical question or questions arising in proceedings before the Tribunal or court to 1 or more independent medical advisers specified by the Tribunal or court for inquiry and report.

        (2)         In connection with subsection (1)—

            (a)         the rules of the Tribunal or the court may specify when a medical question must be referred to 1 or more independent medical advisers; and

            (b)         the selection of an independent medical adviser must be consistent with any principle or process prescribed by the regulations (including any process which determines which independent medical adviser should be used); and

            (c)         different medical questions may be referred to different independent medical advisers as part of the same proceedings; and

            (d)         to the extent that a medical question is referred to more than 1 independent medical adviser, any dispute between the independent medical advisers will be resolved in a manner specified or determined by the Tribunal or the court (as the case may be); and

            (e)         the question or questions to be referred to an independent medical adviser will be framed by the Tribunal or court after inviting submissions from the parties to the proceedings.



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