Document ID: chunk:federal_register_of_legislation:C2025C00175:section:57
Version: federal_register_of_legislation:C2025C00175
Segment Type: section
Provision Reference: s 57
Character Range: 204339–206170

57  Power to require medical examination
 (1) Where:
 (a) a notice has been given to a relevant authority under section 53 in relation to an employee; or
 (b) an employee has made a claim for compensation under section 54;
the relevant authority may require the employee to undergo an examination by one legally qualified medical practitioner nominated by the relevant authority.
 (1A) In deciding whether to require an examination under subsection (1), the relevant authority must comply with the approved Rehabilitation Assessments and Examinations Guide.
Note: The Guide is prepared by Comcare under section 57A.
 (2) Where an employee refuses or fails, without reasonable excuse, to undergo an examination, or in any way obstructs an examination, the employee's rights to compensation under this Act, and to institute or continue any proceedings under this Act in relation to compensation, are suspended until the examination takes place.
 (3) The relevant authority shall pay the cost of conducting any examination required under this section and is liable to pay to the employee an amount equal to the amount of the expenditure reasonably incurred by the employee in making a necessary journey in connection with the examination or remaining, for the purpose of the examination, at a place to which the employee has made a journey for that purpose.
 (4) The matters to which the relevant authority is to have regard in deciding questions arising under subsection (3) include:
 (a) the means of transport available to the employee for the journey;
 (b) the route or routes by which the employee could have travelled; and
 (c) the accommodation available to the employee.
 (5) Where an employee's right to compensation is suspended under subsection (2), compensation is not payable in respect of the period of the suspension.