New South Wales Consolidated Acts

WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 130

130 Rules of Court and regulations with respect to medical evidence

(cf former s 137)

(1) The rules of the Compensation Court and the regulations may make provision for or with respect to--

(a) the disclosure, by the furnishing of copies of reports or otherwise, of the nature of the expert medical evidence to be given (including the exclusion of any such evidence for non-compliance with any requirement for the disclosure of the nature of the evidence), and

(b) the disclosure of medical reports (including X-rays and the results of other tests) to medical referees and medical panels (including the exclusion of any such medical report for non-compliance with any requirement for the disclosure of the medical report), and

(b1) limiting the number of medical reports in connection with a claim or any aspect of a claim and, in particular--

(i) limiting the number of medical reports that may be produced in connection with the conciliation of a dispute, and

(ii) limiting the number of medical reports that may be admitted in evidence in proceedings before the Compensation Court, and

(iii) limiting the medical reports that may be so admitted in evidence to those produced in connection with the conciliation of the dispute concerned, and

(iv) excluding the costs of excess medical reports from the costs recoverable in connection with a claim (whether the reports were obtained for the purposes of making or dealing with a claim or for the purposes of conciliation or court proceedings), and

(c) limiting the number of medical witnesses that may be called by any party, and

(d) the manner of referring matters to a medical referee or medical panel for report.

(2) This section only authorises rules of the Compensation Court in connection with proceedings before that Court or matters referred to a medical panel or medical referee.