Western Australian Current Acts Western Australian Current Acts (1) On being requested
to assess a worker’s degree of impairment, an approved medical
specialist may —
(a) in
accordance with the regulations, require the worker to attend at a place
specified by the approved medical specialist;
(b)
require the worker to answer any question about the injury;
(c) in
accordance with the regulations, require the worker, the employer, or the
employer’s insurer to —
(i)
produce to the approved medical specialist any relevant
document or information; or
(ii)
consent to another person who has any relevant document
or information producing it to the approved medical specialist;
(d)
require the worker to submit to examination by, or as requested by, the
approved medical specialist.
(2) Regulations may be
made —
(a)
requiring a worker who requests an assessment of the worker’s degree of
impairment to produce any information described in the regulations for use in
dealing with the request, and prescribing a fine of not more than $2 000 for a
contravention of the requirement;
(b)
about the time within which a requirement made under subsection (1) or imposed
by a regulation under paragraph (a) has to be complied with if the time for
complying is not specified in the requirement.
(3) A person who
contravenes a requirement under subsection (1) commits an offence and is
liable to a fine of $2 000.
(4) If the assessment
is sought for the purpose of court proceedings and a person contravenes a
requirement made under subsection (1) or imposed by a regulation under
subsection (2), the court may order that the proceedings be stayed, either
wholly or in part, or that any pleading be struck out.
[Section 146G inserted: No. 42 of 2004 s. 109.]