Victorian Numbered Acts Victorian Numbered Acts(1) For section 45(1) of the Accident Compensation Act 1985 substitute —
"(1) If the court exercises jurisdiction under this Part, the court—
(a) may on the court's own motion, refer a medical question to a Medical Panel for an opinion under this Division; or
(b) subject to subsections (1B), (1C) and (1D), must refer a medical question to a Medical Panel for an opinion under this Division if—
(i) a party to the proceedings requests that a medical question or medical questions be referred; and
(ii) that party notified the court of the party's intention to make the request no later than 14 days prior to the date fixed for hearing of the proceedings or another time determined by the court.".
(2) In section 45(1B) and (1C) of the Accident Compensation Act 1985 omit "County" (wherever occurring).
(3) After section 45(1C) of the Accident Compensation Act 1985 insert —
"(1D) The court must not refer a medical question if it appears to the court 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 the court than by a Medical Panel.
(1E) If under subsection (1D) a court has not referred a medical question to a Medical Panel, the court may—
(a) state a question to be answered by the court for the purposes of determining the factual issues referred to in subsection (1D); and
(b) give directions for the hearing and determination of that question; and
(c) hear and determine the question, and by the answer to that question, make appropriate findings of fact.
(1F) After answering a question referred to in subsection (1E) the court may refer a medical question to a Medical Panel for an opinion.
(1G) If, under subsection (1F), the court refers a medical question to a Medical Panel, the court must provide the Medical Panel with—
(a) a copy of the question and the court's answer to the question; and
(b) any reasons published by the court in relation to the question; and
(c) any further documents the court considers appropriate.
(1H) In forming an opinion on the medical question referred to a Medical Panel under subsection (1F), the Medical Panel is bound by the answer to the question stated and answered by the court under subsection (1E).".
(4) In section 45(2) and (4) of the Accident Compensation Act 1985 omit "County" (wherever occurring).