Western Australian Current Acts Western Australian Current Acts (1) If the members of
a specialised retraining assessment panel are not in unanimous agreement as to
a question, the assessment is to be made in accordance with the opinion of at
least 2 members of the panel.
(2) The assessment is
to be made as soon as is practicable but in any event within 28 days after the
day on which the panel first convenes to make the assessment.
(3) The assessment and
the reasons for making it are to be given in writing signed by the chairman in
a form approved by the Registrar, and are to be given to the Registrar within
7 days after the day on which the assessment is made.
(4) The Registrar is
to give the assessment 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
Registrar receives them.
(5) The assessment is
not relevant in relation to an action for damages independently of this Act if
Part IV Division 2 Subdivision 3 applies to the awarding of damages in the
action.
(6) The assessment is
—
(a)
final and binding on the worker and the worker’s employer and on any
body hearing a matter in which any such assessment is relevant; and
(b)
conclusive evidence as to the matters assessed.
(7) An assessment of a
specialised retraining assessment panel is not —
(a) to
be vitiated because of any informality or want of form; or
(b)
subject to an appeal.
(8) A decision of a
specialised retraining assessment panel or anything done under this Act in the
process of coming to a decision of a specialised retraining assessment panel
is not amenable to judicial review.
(9) In subsection (8)
—
decision of a specialised retraining assessment
panel means an opinion, assessment, or other decision of a specialised
retraining assessment panel that is relevant to the operation of Part IXA.
[Section 146V inserted: No. 42 of 2004 s. 110;
amended: No. 31 of 2011 s. 75.]