Wrongs Act 1958

A Medical Panel must not determine the degree of impairment of a person unless it has made an assessment of the degree of impairment in accordance with Division 3.

After making the assessment, the Medical Panel must give the claimant and the respondent—

its determination of the medical question in accordance with subsection (4); or

its certificate, in accordance with subsection (5), that it is unable to determine the medical question but that it is satisfied that the degree of impairment will satisfy the threshold level when the injury has stabilised; or

its certificate that it is unable to determine the medical question and a statement of the time fixed for further assessment of the person under subsection (6).

The Medical Panel must give the determination or certificate—

within 30 days after the last of the following to occur—

the last date on which the claimant complies with a request under section 28LZC;

the last date on which a registered health practitioner complies with a request under section 28LZE or if a request is made to more than one registered health practitioner, the last date on which the last of the registered health practitioners to comply, complies with the request; or

within such longer period as is agreed by the claimant and the respondent.

If, after making the assessment, the Medical Panel determines the degree of impairment, the determination of the medical question must state whether the degree of impairment resulting from the injury satisfies the threshold level but must not state the specific degree of impairment.

If, after making an assessment, the Medical Panel is unable to determine the medical question because an injury has not stabilised, but the Medical Panel is satisfied that the degree of impairment resulting from injury will satisfy the threshold level once the injury has stabilised, the Medical Panel may certify in writing to that effect.

If, after making an assessment, the Medical Panel is unable to determine the medical question because an injury has not stabilised and subsection (5) does not apply, the Medical Panel must in writing—

certify that it is unable to determine the medical question; and

fix a time (not being later than 12 months after the first assessment) for a further assessment of the degree of impairment of the person to be made under this section.

The time fixed under subsection (6) must be the earliest time by which the Medical Panel considers that the injury will have stabilised.

More than one further assessment may be made under this section but each further assessment must be made within the period of 12 months following the first assessment.

A determination of the Medical Panel under subsection (4) must be given in writing and be certified by the Medical Panel.

If the Medical Panel gives a certificate under subsection (5) in relation to an injury, the injury is deemed to be significant injury.