Victorian Current Acts Victorian Current Acts(1) If the Authority or a self-insurer requires information about the medical treatment of a worker and the worker does not consent to a medical practitioner giving the information, the Authority or a self-insurer may apply to the Tribunal to have the matter referred to the Recoveries Review Committee.
(2) The Recoveries Review Committee shall be required to present a report to the Tribunal within 21 days or such longer period as the Tribunal allows on such matters as the Tribunal directs, having regard to the reasons for the application by the Authority or self-insurer.
(3) After the report is presented to the Tribunal, the Tribunal may require a member of the Recoveries Review Committee or the medical practitioner to appear before the Tribunal and, if required to appear, the member or practitioner shall answer questions on the report.
(4) If the Recoveries Review Committee fails to provide a report as required by subsection (2) or the Committee reports that it has not had access to all relevant evidence to make a report, the Tribunal may determine that the medical practitioner is required to give evidence in accordance with subsection (5).
(5) If subsection (4) applies, for the purposes of this Division and despite any provision of any Act or law to the contrary or any privilege of a worker, a medical practitioner or worker shall not refuse to divulge to the Tribunal, or refuse to give evidence before the Tribunal in respect of, information acquired or given in relation to the medical treatment of a worker, any injury to a worker arising out of or in the course of employment or any physical or mental condition of that worker but any such evidence is not admissible in any other proceedings in any court or tribunal without the written consent of the worker.
(6) The Recoveries Review Committee shall consist of such medical practitioners as are appointed from time to time by the Minister administering the Health Act 1958 or by a person, or persons, authorized by that Minister in that behalf.
S. 129J inserted by No. 13/1988
s. 6.