Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(1) A doctor who does a medical assessment of an injured worker must do the assessment using evidence-based methodology.
Note The Act, s 118 (2) provides that a medical certificate required to accompany a claim for weekly compensation must comply with the requirements for medical assessments under the regulations.
If s 118 (2) is not complied with, for example, if a medical certificate about an injured worker is deficient because it does not refer to an approved medical guideline or clinically relevant research for that type of injury, under s 119 the insurer may tell the worker about the deficiency. The worker's claim is not considered to have been made until the deficiency is fixed.
If the insurer does not tell a worker about a deficiency, the claim is taken to comply with s 118 (2) (see s 119 (3)).
(2) The doctor must record the results of the assessment, including the following matters:
(a) the aetiology of the worker's injury;
(b) the diagnosis of the injury;
(c) the prognosis for the injury;
(d) the recommended medical treatment for the injury.
(3) However, for a later medical assessment of an injured worker, the doctor who does the assessment need record a matter mentioned in subregulation (2) only if the doctor considers that there has been a change in the matter.
(4) In this regulation:
"initial medical assessment", of an injured worker, means the first medical assessment by the worker's doctor for a medical certificate mentioned in the Act, section 116 (2) (Making claim for compensation).
"later medical assessment", of an injured worker, means a medical assessment other than—
(a) an initial or second medical assessment of the worker; or
(b) if the worker's nominated treating doctor is replaced by another nominated treating doctor—the first medical assessment of the worker by the new nominated treating doctor.
"second medical assessment" means an assessment mentioned in the Act, section 72 (Second assessments).
Division 3.2 Medical specialists