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11.3.7 Section 57 prohibits panels, not repeated examinations ('second opinions')


Note that the requirement for the examination to be by 'one legally qualified medical practitioner' merely prevents the use of medical panels, i.e. examinations conducted by more than one doctor. However, the 'one doctor' provision does not relate to the number of examinations, i.e. it does not prevent the Delegate from ordering another appointment with another doctor if the first does not elicit the necessary information.

This interpretation has been confirmed by the AAT decision re Bessell and the Telstra Corporation Limited (1994) where the Tribunal decided that the Act does not limit the number of examinations.

Nevertheless, a Notice in Gazette S365 of 30 November 1988 prescribed that 'the intervals between examinations under this section by the same practitioner shall not be less than one month'

(Note the phrase 'by the same practitioner')