Victorian Numbered Acts

ACCIDENT COMPENSATION AMENDMENT ACT 2010 (NO. 9 OF 2010) - SECT 89

    (1)     After section 65(4) of the Accident Compensation Act 1985 insert —

    "(4A)     If a worker is a minor or a person under a disability, the Medical Panel must permit a representative of the worker to be present.".

    (2)     After section 65(5) of the Accident Compensation Act 1985 insert —

    "(5A)     Notwithstanding sections 67(1A) and 68(1), if a Conciliation Officer refers a medical question to a Medical Panel under section 56(6) 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 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.

    (5B)     The Convenor must inform the Conciliation Officer, in writing, of a decision made by the Convenor or the Medical Panel under subsection (5A)(a) or (b).

    (5C)     If a Medical Panel has been referred a medical question and the Medical Panel considers that further information is required to enable the medical panel to form a medical opinion on the question—

        (a)         the Medical Panel may request the person or body referring the medical question to provide the information within the period specified in the requirement; and

        (b)     the time limit specified in section 68(1) is suspended from the date a request under paragraph (a) is made until the end of the period specified in the requirement.".

    (3)     After section 65(10) of the Accident Compensation Act 1985 insert —

    "(11)     In this section—

"representative of the worker" means—

        (a)     if proceedings have not been commenced in respect of the worker's claim, an administrator appointed in respect of the worker under the Guardianship and Administration Act 1986 ;

        (b)     if proceedings have commenced in respect of the worker's claim—

              (i)     the worker's litigation guardian; or

              (ii)     a person appointed by the court to be a representative of the worker for the purposes of subsection (4A).".