Workers Compensation Amendment (Medical Reports) Regulation 2004 (NSW)
2004 No 623
New South Wales
Workers Compensation Amendment
(Medical Reports) Regulation 2004
under the
Workplace Injury Management and Workers Compensation Act
1998
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Workplace Injury Management and Workers Compensation Act 1998.
JOHN DELLA BOSCA, M.L.C.,
Minister for Commerce
Explanatory note
The object of this Regulation is to amend the Workers Compensation Regulation 2003 to limit the number of medical reports that may be disclosed to approved medical specialists in connection with a claim.
This Regulation is made under the Workplace Injury Management and Workers Compensation Act 1998, including sections 294A (Rules and regulations concerning medical evidence) and 248 (the general regulation-making power).
| Published in Gazette No 142 of 3 September 2004, page 7365 | Page 1 |
| 2004 No 623 | |
| Clause 1 | Workers Compensation Amendment (Medical Reports) Regulation 2004 |
Workers Compensation Amendment (Medical Reports)
Regulation 2004
under the
Workplace Injury Management and Workers Compensation Act 1998
1 Name of Regulation
This Regulation is the Workers Compensation Amendment (Medical
Reports) Regulation 2004.
2 Amendment of Workers Compensation Regulation 2003
The Workers Compensation Regulation 2003 is amended as set out in Schedule 1.
2004 No 623
Workers Compensation Amendment (Medical Reports) Regulation 2004
| Amendment | Schedule 1 |
| Schedule 1 Amendment |
(Clause 2)
Clause 43A
Insert after clause 43:
43A Restriction on disclosure of medical reports to approved
medical specialistsA medical report is not to be disclosed to an approved medical specialist in connection with a claim unless:
(a) the report was admitted in proceedings on the claim, or (b)
the report was nominated by the claimant or respondent as the report that the claimant or respondent concerned would introduce in evidence in proceedings on the claim, or
(c)
the report was the sole report in the particular specialty concerned that was lodged in relation to the claim by the claimant or respondent (as the case may be), or
(d)
the approved medical specialist calls under section 324 (1) (b) of the 1998 Act for the production of the report.
BY AUTHORITY
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