A Proper Officer's determination under s 62 of the Motor Accidents Compensation Act 1999 (NSW) to refer a matter for further medical assessment is amenable to judicial review by certiorari, as it sufficiently determines or is connected with the ultimate decision affecting rights. The decision in Singh v Motor Accidents Authority of NSW [2010] NSWSC 550 should not be followed on this point. Participation in a further medical assessment or review under the MAC Act does not, by that fact alone, constitute waiver or abandonment of the right to seek prerogative relief.
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