Refusal by person to assist medical professional
57 Refusal by person to assist medical professional
Subsection (2) applies to a person if the person – unreasonably refuses, or fails, to attend for an examination or test at a place and time of which the person has at least 5 business days' notice under section 55(1); or refuses, or fails, to undergo an examination or test by a medical professional that the person has been required to undergo under section 55; or obstructs an examination or test that the person has been required to undergo by a medical professional under section 55; or unreasonably refuses, or fails, to answer questions asked by a medical professional under section 56; or unreasonably refuses, or fails, to produce relevant documents or information, or to consent to the production of relevant documents or information, when required to do so by a medical professional under section 56.
If this subsection applies to a person – the medical professional is to advise the Commissioner; and the Commissioner must refer to the Tribunal the matter of the person's refusal, failure or obstruction.
If subsection (2) applies to a person who has made an application under section 33(1), section 74, section 76 or section 79 that has not been determined under section 70, section 75, section 77 or section 80, respectively, the Commissioner, despite any other provision of this Act, may refuse to deal with the application until – the Commissioner is advised by the Tribunal that the Tribunal has made a determination that it is satisfied of the relevant matters in relation to the person as referred to in section 58(3); or the Tribunal otherwise determines the matter.
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