New South Wales Consolidated Acts New South Wales Consolidated Acts(cf s 86 MACA)
(1) A claimant must comply with any request by the insurer--(a) to undergo a medical or other health related examination by one or more health practitioners nominated by the insurer, or(b) to undergo a rehabilitation assessment or an assessment to determine attendant care needs by a qualified person nominated by the insurer, or(c) to undergo an assessment to determine functional and vocational capacity (including pre-accident or post-accident earning capacity) by a qualified person nominated by the insurer, or(d) to undergo an assessment in accordance with the Motor Accident Guidelines,not being, in any such case, an examination or assessment that is unreasonable, unnecessarily repetitious or dangerous.
(1A) If the Motor Accident Guidelines require an assessment for the purposes of subsection (1)(b) or (c) to be conducted by a person authorised by the Guidelines, the claimant is not required to undergo the assessment unless it is conducted by a person so authorised.
(1B) The Motor Accident Guidelines may make provision for or in relation to the appointment of persons authorised to conduct assessments for the purposes of subsection (1)(b) or (c).
(2) An examination or assessment under subsection (1) is at the cost of the insurer. The claimant may decline to undergo the examination or assessment unless the insurer pays the claimant a reasonable sum to meet the reasonable and necessary costs and expenses incurred by the claimant in connection with the examination or assessment.
(3) A claimant must comply with any request by the Commission to undergo a medical or other health related examination or an assessment by a medical assessor for the purposes of Division 7.5.
(4) If the claimant fails without reasonable excuse to comply with a request under this section--(a) the claim cannot be referred for assessment under Division 7.6 and any such assessment cannot be continued while the failure continues, and(b) weekly payments of statutory benefits under Division 3.3 are suspended for any period during which the failure continues, and(c) court proceedings cannot be commenced or continued in respect of the claim while the failure continues.
(5) The regulations may prescribe a rate at which the cost of travel by any specified mode of transport is to be calculated for the purposes of the payment of travel costs under this section.
(6) This section extends to an examination or assessment for the purposes of determining whether an injured person is eligible to be a participant in the Scheme under the Motor Accidents (Lifetime Care and Support) Act 2006 .