Workers’ Compensation and Rehabilitation Act 2003

This section applies if—

the condition of a claimant or worker who has, or is said to have, sustained an injury is relevant to the appeal; or

the cause, nature or extent of the injury or incapacity arising from the injury is relevant to the appeal.

The appeal body may, at any time before or after the start of the hearing, order the claimant or worker to submit to a personal examination by 1 or more specified registered persons.

The appeal body may also, as the appeal body considers appropriate, make an order about—

the way, time and place of the examination; and

costs of the application for the order and of the examination.

An opinion formed on the examination must be given to the respondent and the respondent must make the opinion available to the appellant.

Subsection (6) applies if the claimant or worker—

fails, without reasonable excuse, to attend for the examination at the time and place ordered by the appeal body; or

having attended, refuses to be examined by a registered person; or

obstructs, or attempts to obstruct, the examination.

Any entitlement the claimant or worker may have to compensation is suspended until the claimant or worker undergoes the examination.