New South Wales Consolidated Acts

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MOTOR ACCIDENT INJURIES ACT 2017 - SECT 7.15

Review of merit review decision by review panel

7.15 Review of merit review decision by review panel

(1) A claimant or an insurer may apply to the President to refer a decision of a single merit reviewer determining a merit review application to a review panel of merit reviewers for review.
(2) An application for the referral of a decision to a review panel may only be made on the grounds that the decision was incorrect in a material respect.
(3) The President is to refer the application to a panel of at least 2 merit reviewers, but only if the President is satisfied that there is reasonable cause to suspect that the decision determining the review was incorrect in a material respect having regard to the particulars set out in the application.
(4) The review panel may confirm the decision of the single merit reviewer, or set aside the decision and make a decision in substitution for the decision the review panel set aside.
(5) Section 7.14 (Effect of merit review decision) applies to any new decision made by a review panel under this section.
(6) An application under this section must be made within--
(a) 28 days after the parties to the merit review were issued with a certificate referred to in section 7.13(4) as to the merit reviewer's determination, or
(b) a longer period determined or allowed, whether generally or for the kind of proceedings, in accordance with the Commission rules.



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