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11.3.6 Section 57 and the power of Delegates


Section 57 of the SRCA gives Delegates the power to require the client to attend a medical examination by a doctor of the Delegate's nomination. The form of S57 is as follows:

57Power to require medical examination

57(1) Where:

a)a notice has been given to a relevant authority under Section 53 in relation to an employee, or

b)an employee has made a claim for compensation under Section 54,

the relevant authority may require the employee to undergo an examination by one legally qualified medical practitioner nominated by the relevant authority.

57(2) Where an employee refuses or fails, without reasonable excuse, to undergo an examination, or in any way obstructs an examination, the employee's rights to compensation under this Act, and to institute or continue any proceedings under this Act in relation to compensation, are suspended until the examination takes place.

57(3) The relevant authority shall pay the cost of conducting any examination required under this section and is liable to pay to the employee an amount equal to the amount of the expenditure reasonably incurred by the employee in making a necessary journey in connection with the examination or remaining, for the purpose of the examination, at a place to which the employee has made a journey for that purpose.

57(4) The matters to which the relevant authority is to have regard in deciding questions arising under subsection (3) include:

  1. the means of transport available to the employee for the journey
  2. the route or routes by which the employee could have travelled, and
  3. the accommodation available to the employee.

57(5) Where an employee's right to compensation is suspended under subsection (2), compensation is not payable in respect of the period of the suspension.

57(6) An employee shall not be required to undergo an examination under this section at more frequent intervals than are specified by the Minister by notice in writing.

Section 57:

  1. specifies an examination is to be by one doctor (i.e. as opposed to a panel)
  2. the Delegate, and not the client or the client's lawyer, chooses the doctor
  3. that the Delegate consider the difficulty or otherwise, of the client attending
  4. that RCG pay the costs of that attendance as well as the doctor's fee
  5. a client who fails 'without reasonable excuse' to attend may be suspended.