Compensating authorities have implied power under Part 6C of the Workers Rehabilitation and Compensation Act 1986 (SA) to refer medical questions to Medical Panels at any time, including after disputes have been referred for judicial determination. The Tribunal is not bound by s 98H(4) to adopt and apply Medical Panel opinions as final and conclusive; such opinions are merely admissible evidence under s 98I. The constitutional validity of Part 6C is upheld by the majority, though White J considered the question should be deferred to an appropriate factual context.
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