Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_47a
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 47A
Character Range: 298240–300533

47A  Independent medical examinations—requirement by Employment Liaison Officer

Scope of this section
 (1) This section applies if:
 (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and
 (b) the claim is made against:
 (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or
 (ii) the Commonwealth.
Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.
Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).

Requirement to attend for examination
 (2) The Employment Liaison Officer may:
 (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and
 (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.
 (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.

Costs of examination
 (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.
 (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.

Frequency of examinations
 (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.