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MOTOR VEHICLE AND WORKPLACE ACCIDENTS (CATASTROPHIC INJURIES) REGULATIONS 2016 - REG 59

59 .         Powers and procedures on review

        (1)         The applicant must give the expert review panel —

            (a)         a document specifying —

                  (i)         the injury or alleged injury to which the referred decision relates; and

                  (ii)         the facts or questions of fact relevant to the referred decision which the applicant is satisfied have been agreed and the facts or questions that are in dispute;

                and

            (b)         copies of all documents relating to the referred decision that are in the possession, custody or control of the applicant.

        (2)         An expert review panel may, by written notice, require —

            (a)         the injured person (or a person with lawful authority to act on the injured person’s behalf) to meet with the panel and answer questions; and

            (b)         the injured person (or a person with lawful authority to act on the injured person’s behalf) to give to the panel copies of all documents relating to the referred decision that are in the possession, custody or control of the person; and

            (c)         the injured person to submit to an examination by the panel or by a member of the panel.

        (3)         If the injured person (or a person with lawful authority to act on the injured person’s behalf) consents, the expert review panel may, by written notice, require a person who has provided a service to the injured person in relation to the injury or alleged injury to which the referred decision relates —

            (a)         to meet with the panel and answer questions; and

            (b)         to give to the panel copies of all documents relating to the referred decision that are in the possession, custody or control of that person.

        (4)         Any attendance of a person before an expert review panel must be in private, unless the panel considers that it is necessary for another person to be present.

        (5)         A person must not, without reasonable excuse, refuse or fail to comply with a requirement under subregulation (2) or (3).

        Penalty for this subregulation: a fine of $10 000.



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