Appeal against medical assessment
147 Appeal against medical assessment
A party to a medical dispute may appeal against a medical assessment under this subdivision, but only in relation to a matter that is appellable under this section and only on the grounds for appeal under this section.
A matter is appellable under this section if the matter is a matter about which the assessment of a medical assessor certified in a medical assessment certificate under this subdivision is conclusively presumed to be correct in proceedings before the Commission.
The grounds for appeal under this section are as follows—
the deterioration of the incapacitated police officer’s condition that results in an injury becoming an exceptional injury,
the availability of additional relevant information, but only if the additional information was not available to, and could not reasonably have been obtained by, the appellant before the medical assessment appealed against,
the assessment having been made on the basis of incorrect criteria,
the medical assessment certificate containing a demonstrable error.
An appeal must be made by application to the President.
The appeal must not proceed unless the President is satisfied that, on the face of the application and any submissions made to the President, at least one of the grounds for appeal specified in subsection (3) has been made out.
If the appeal is on a ground referred to in subsection (3)(c) or (d), the appeal must be made within 28 days after the medical assessment appealed against, unless the President is satisfied special circumstances justify an increase in the period for an appeal.
The President may refer a medical assessment for further assessment under section 149 as an alternative to an appeal against the assessment, but only if the matter could otherwise have proceeded on appeal under this section.
Note—
Section 149 also allows the President to refer a medical assessment to the medical assessor for reconsideration, whether or not the medical assessment could be appealed under this section.
There is no appeal against a medical assessment once the dispute has been the subject of a determination by the Commission.
The Legal Profession Uniform Law Application Act 2014, Schedule 2, clause 2 applies to and in relation to the provision of legal services in connection with an appeal under this section in the same way it applies to and in relation to the provision of legal services in connection with a claim or defence of a claim for damages referred to in that clause.
Note—
The Legal Profession Uniform Law Application Act 2014, Schedule 2, clause 2 prohibits a law practice from providing legal services in connection with a claim or defence of a claim unless a legal practitioner associate responsible for the provision of the services believes, on the basis of provable facts and a reasonably arguable view of the law, that the claim or defence has reasonable prospects of success.
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