South Australian Numbered Acts South Australian Numbered Acts122—Powers and procedures on a referral
(1) An independent medical adviser to whom a medical question has been referred under this Division may—
(a) consult with any medical practitioner or other health practitioner who is treating or has treated the worker to whom the proceedings relate (the "relevant worker"); and
(b) consult with such other persons as the independent medical adviser thinks fit (including another independent medical adviser who has considered or is considering the same or another medical question that relates to the relevant worker); and
(c) call for the production of such information (including medical reports, x-rays and the results of other tests) as the independent medical adviser considers necessary or desirable for the purpose of determining the medical question; and
(d) require the relevant worker to submit himself or herself for examination by the independent medical adviser.
(2) Information (including confidential information) may be disclosed to an independent medical adviser under subsection (1) without the breach of any law or principle of professional ethics.
(3) If a worker refuses to comply with a requirement under subsection (1) or in any way hinders an examination of the worker, the independent medical adviser may refer the matter to the Tribunal or the court (as the case may require).
(4) If the Tribunal or a court, on a referral under subsection (3), considers that a worker has acted unreasonably, the Tribunal or court may, by order—
(a) suspend the worker's rights to recover compensation or damages under this Act with respect to the relevant injury;
(b) suspend the worker's rights to weekly payments,
until—
(c) the worker has complied with any requirements specified by the Tribunal or court; or
(d) the Tribunal or court makes an additional order in relation to the matter.
(5) Any weekly payments that would otherwise be payable during a period of suspension under subsection (4)(b) are forfeited by force of this subsection.
(6) If a medical question relates to any matter that is relevant to the assessment of whole person impairment (including as to whether an impairment is permanent), the following principles are to be taken into account:
(a) an assessment must not be made until the injury has stabilised;
(b) if a worker presents for assessment in relation to injuries which occurred on different dates, the impairments are to be assessed chronologically by date of injury;
(c) impairments from unrelated injuries or causes are to be disregarded in making an assessment;
(d) impairments from the same injury or cause are to be assessed together or combined to determine the degree of impairment of the worker (using any principle set out in the Impairment Assessment Guidelines);
(e) impairment resulting from physical injury is to be assessed separately from impairment resulting from psychiatric injury;
(f) in assessing impairment resulting from physical injury or psychiatric injury, no regard is to be had to impairment that results from consequential mental harm;
(g) in assessing the degree of permanent impairment resulting from physical injury, no regard is to be had to impairment that results from a psychiatric injury or consequential mental harm;
(h) any portion of an impairment that is due to a previous injury (whether or not a work injury or whether because of a pre-existing condition) that caused the worker to suffer an impairment before the relevant injury is to be deducted for the purposes of an assessment, subject to any provision to the contrary made by the Impairment Assessment Guidelines;
(i) assessments are to comply with any other requirements specified by the Impairment Assessment Guidelines.
(7) A number determined under the Impairment Assessment Guidelines with respect to a value of a person's degree of impairment may be rounded up or down according to any principle set out in the Impairment Assessment Guidelines.
(8) Subject to the operation of the preceding provisions, an independent medical adviser may determine any medical question in such manner as the independent medical adviser thinks fit (including by adopting such processes and procedures as the independent medical adviser thinks fit).
(9) An assessment by an independent medical adviser as to any of the following matters is to be taken to be conclusive evidence with respect to the relevant matter in proceedings before the Tribunal or court (as the case may be) unless the Tribunal or court, in the exercise of its adjudicative function, determines otherwise:
(a) a permanent impairment matter;
(b) the nature and extent of any hearing loss suffered by a worker.
(10) The Tribunal or court (as the case may be) may, as it thinks fit, accept any other matter contained in a report furnished by an independent medical adviser as conclusive evidence for the purposes of proceedings before the Tribunal or court, or give any such matter such other weight as the Tribunal or court thinks fit.
(11) Without limiting any other circumstance where it is appropriate to give reasons, the Tribunal or a court must—
(a) when it makes a determination under subsection (9) in the exercise of its adjudicative function; or
(b) when it decides not to accept any matter as conclusive evidence under subsection (10),
give reasons for its determination or decision (as the case requires).
(12) Information given to an independent medical adviser cannot be used in subsequent proceedings unless—
(a) the proceedings are before the Tribunal or a court under this Act; or
(b) the worker consents to the use of the information; or
(c) the proceedings are for an offence against this Act.