Western Australian Current Acts

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 145D

145D .         Procedure and powers of panels

        (1)         In determining the question the panel is to act speedily and informally, and in accordance with good conscience, without regard to technicalities or legal forms and, except as provided under this Act, is not bound by rules of practice nor evidence.

        (2)         The panel may, for the purposes of assisting it in determining the question, require the worker concerned to —

            (a)         attend before the panel;

            (b)         answer questions put by the panel;

            (c)         produce documents to the panel, or consent to another person who has relevant documents producing them to the panel;

            (d)         submit to medical examination by the panel,

                but the panel is not authorised to treat the worker or require that the worker be treated.

        (3)         Powers given by subsection (2) to a panel are to be exercised in private unless the worker otherwise consents, and any information or document obtained from, or by the consent of, the worker is not to be disclosed or given to any other person, except the person from whom it was obtained, without the consent of the worker.

        (4)         A person is not entitled to be represented in proceedings before a medical panel.

        (5)         If the worker concerned, without reasonable excuse (proof of which is on the worker) —

            (a)         refuses to comply with a requirement made by the panel under subsection (2)(a), (b) or (c); or

            (b)         on being required to submit to examination by the panel, refuses to do so or in any way obstructs the examination,

                the relevant authority may issue a certificate to that effect whereupon the worker’s right to compensation or to take or prosecute any proceeding under this Act or, in the case of a worker in receipt of a weekly payment, to that weekly payment, is suspended until the relevant authority certifies that the suspension is removed.

        (6)         To the extent that the practice and procedure of a medical assessment panel are not prescribed under this Act, they are to be as the panel determines.

        [Section 145D inserted: No. 48 of 1993 s. 25; amended: No. 42 of 2004 s. 107; No. 31 of 2011 s. 35.]