The decision by a delegate to suspend processing of a claim because of obstruction of or refusal or failure to attend a medical examination is strictly not subject to reconsideration under S62, or review by the AAT under S64, at the request of the claimant, because a decision under S57 is not nominated as a 'determination' for the purposes of Part VI of the SRCA. If, however, a claimant seeks reconsideration of such a decision, it is appropriate to refer the decision for review to a more senior officer. It must be made clear to the client that the review is being undertaken as a matter of discretion by the MRCC delegate and that a further appeal to the AAT is not available.
Note, however, that a disaffected claimant could take a judicial review action in the Federal Court on the issue of 'reasonable excuse'. Full documentation of the grounds for the decision must be kept against this possibility.
In cases where a suspension has been imposed, it is suggested that negotiations be undertaken in an attempt to resolve the problem. It is generally preferable to determine a claim for impairment on its merits rather than rely on a procedural provision such as S57.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/20835%23comment-form