Western Australian Current Acts Western Australian Current Acts (1) If the members of
the panel are not in unanimous agreement as to a question, the question is to
be determined in accordance with the opinion of at least 2 members of the
panel.
(2) The determination
is to be made as soon as is practicable but in any event within 28 days after
the day on which a medical examination of the worker concerned is carried out
by the panel.
(3) The determination
and the reasons for making it are to be given in writing signed by the
Chairman in a form approved by the relevant authority, and are to be given to
the relevant authority within 7 days after the day on which the determination
is made.
(4) The relevant
authority is to give the determination and reasons to the person who referred
the question to the panel and the worker concerned within 7 days after the day
on which the relevant authority receives them.
(5) The determination
is not relevant in relation to —
(a) a
determination of an arbitrator under Part III Division 2A as to the permanent
or other impairment of the efficient use of any part or faculty of the body
for the purposes of Part III Division 2A, or the degree of that impairment; or
(b) an
action for damages independently of this Act if Part IV Division 2 Subdivision
3 applies to the awarding of damages in the action; or
(c) a
determination of an arbitrator under section 158C or 158D; or
(d) a
determination of an arbitrator for the purposes of clause 18A(2aa)(b).
(6) Unless rescinded
under section 145F, the determination, or if the determination is varied under
that section the determination as varied, is final and binding on the worker
and the worker’s employer and on any court or tribunal hearing a matter
in which any such determination is relevant.
(7) The determination
is, in the absence of evidence that the determination was rescinded or varied
under section 145F, conclusive evidence as to the matters determined.
(8) A determination of
a medical assessment panel is not —
(a) to
be vitiated because of any informality or want of form; or
(b)
subject to an appeal.
(9) A decision of a
medical assessment panel or anything done under this Act in the process of
coming to a decision of a medical assessment panel is not amenable to judicial
review.
[Section 145E inserted: No. 48 of 1993 s. 25;
amended: No. 42 of 2004 s. 108; No. 31 of 2011 s. 36.]