Document ID: chunk:federal_register_of_legislation:F2024L01164:clause:1_6:p1
Version: federal_register_of_legislation:F2024L01164
Segment Type: clause
Provision Reference: sch 1 cl 6 (pt 1/2)
Character Range: 18662–21533

6  Limitations on frequency and number of rehabilitation examinations
 (1) The employee shall not be required to undergo more than one rehabilitation examination in respect of the injury more frequently than at 6-month intervals, where each interval commences the day after the last day on which the last examination took place.
 (2) The minimum interval specified in subsection (1) only applies in relation to a rehabilitation examination if:
 (a) the employee undergoes the examination; and
 (b) the employee does not in any way obstruct the examination; and
 (c) the support person (if any) does not in any way obstruct the examination.
 (3) The minimum interval specified in subsection (1) does not apply in relation to a rehabilitation examination if:
 (a) where the employee has made a written request for a rehabilitation assessment in accordance with subsection 36(1) of the SRC Act—the request is made during the minimum interval specified in subsection (1); or
 (b) where the employee's treating practitioner has recommended a rehabilitation assessment—the recommendation is made during the minimum interval specified in subsection (1); or
 (c) where an earlier rehabilitation assessment recommended a further examination or re-examination by a specific date or after a specific period—the date is, or the period ends, during the minimum interval specified in subsection (1); or
 (d) there has been a change in the employee's circumstances; or
 (e) where the injury requires multidisciplinary medical treatment:
 (i) it is not reasonably practicable for a single assessor or panel to address all the matters that are the subject of paragraph 3(1)(b); and
 (ii) it is appropriate for the rehabilitation authority to require the employee to undergo more than one rehabilitation examination, with a different assessor or panel, during the minimum interval specified in subsection (1); or
 (f) the assessor or panel nominated by the rehabilitation authority to conduct the rehabilitation examination fails, for any reason, to provide a written assessment of the employee's capability of undertaking a rehabilitation program within:
 (i) the timeframe specified by the rehabilitation authority as part of the arrangement; or
 (ii) such additional timeframe allowed by the rehabilitation authority; or
 (g) a request for reconsideration of any determination is made in accordance with section 38 or 62 of the SRC Act and:
 (i) in the opinion of Comcare or the relevant authority, as the case may be, there is insufficient or inconsistent information regarding any matter relevant to the reasons for the request; and
 (ii) a reviewable decision has not yet been made in relation to the request; or
 (h) an application for review of any reviewable decision is made in accordance with section 64 of the SRC Act and:
 (i) in the opinion of the person or body who made the