South Australian Numbered Regulations

RETURN TO WORK REGULATIONS 2015 (NO 29 OF 2015) - REG 49

49—Referral by Tribunal or court (section 121 of Act)

For the purposes of section 121(2)(b) of the Act, the selection of an independent medical adviser—

            (a)         must be made by the Tribunal or a court—

                  (i)         following consultation with the parties to proceedings; and

                  (ii)         if agreement on the selection of the independent medical adviser cannot be reached within a period determined by the Tribunal or the court—on the recommendation of the members of the Minister's Advisory Committee who are medical practitioners; and

            (b)         must be made following consideration—

                  (i)         of the nature and complexity of the injury; and

                  (ii)         as to whether—

                        (A)         a particular independent medical adviser may have a conflict of interest; and

                        (B)         1 or more independent medical advisers may be required; and

            (c)         in the case of a medical question that relates to the assessment of whole person impairment—must be made on the basis that the independent medical adviser is a person who is accredited to conduct whole person impairment assessments under section 22 of the Act.