S. 306(1) amended by Nos 73/2016 s. 21(2), 15/2021 s. 36.
(1) Despite sections 302(2) and 313(1), if ACCS refers a medical question to a Medical Panel under section 284 and it becomes apparent to the Convenor or the Medical Panel that the formation of an opinion by the Medical Panel on the medical question will depend substantially on the resolution of factual issues which are more appropriately determined by a court or in arbitration than by a Medical Panel—
(a) the Convenor may decline to convene a Medical Panel; or
(b) the Medical Panel may decline to give an opinion on the medical question.
S. 306(2) amended by No. 73/2016 s. 21(3).
(2) The Convenor must inform ACCS, in writing, of a decision made by the Convenor or the Medical Panel under subsection (1)(a) or (b).