Section 119 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) does not permit an employer or putative tortfeasor to require an injured worker to undergo medical examination for the purposes of s 151Z(1)(d) indemnification proceedings. The tortfeasor in such proceedings must rely on existing medical material from the workers' compensation proceedings. The absence of a power to compel medical examination does not render the conferral of jurisdiction for s 151Z(1)(d) proceedings constitutionally invalid. The dissent identifies a legislative gap that may warrant reform.
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