The jurisdictional fact conditioning the proper officer's power under s 63(3) of the Motor Accidents Compensation Act 1999 (NSW) is the proper officer's subjective satisfaction that reasonable cause exists to suspect the assessment was incorrect, not the objective existence of such reasonable cause. Clause 1.43 of the Permanent Impairment Guidelines serves both procedural fairness and accuracy, and operates for the benefit of both claimants and insurers. The expanded definition of 'record' in s 69(4) of the Supreme Court Act 1970 (NSW) does not apply to challenges to proper officer referral decisions, limiting the scope of error of law on the face of the record review.
The full text is available to signed-in members, including the 30 later cases that cite this judgment.
5 of the 30 citing cases carry a classified treatment. How each court treated it is available to signed-in members.