Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If the rehabilitation authority for a person requires the person to undergo an examination under section 45 and the person:
(a) refuses or fails to undergo the examination; or
(b) in any way obstructs the examination;
the rehabilitation authority may determine that the person's right to compensation (but not the person's right to treatment or compensation for treatment under Chapter 6) under this Act is suspended until the examination takes place.
Note: Subsection (6) provides that this section does not apply to a person to whom this Part applies because of subsection 43(3) (claim for acceptance of liability not determined).
(2) A determination under subsection (1) must not be made in relation to a refusal or failure to undergo the examination if, before the time fixed for the examination, the person gives to the rehabilitation authority evidence of a reasonable excuse for the refusal or failure.
(3) The rehabilitation authority must determine that the suspension under subsection (1) is terminated from a date determined by the rehabilitation authority if, within 14 days after the date fixed for the examination, the person gives to the rehabilitation authority evidence of a reasonable excuse for the refusal, failure or obstruction.
(4) If a determination under subsection (1) is made by a delegate of the rehabilitation authority, the rehabilitation authority must ensure that any determination terminating the suspension under subsection (3) also made by a delegate of the rehabilitation authority is made by a delegate other than a delegate who was involved in making the determination under subsection (1).
(5) If a person's right to compensation is suspended under subsection (1), compensation is not payable during or in respect of the period of the suspension.
(6) This section does not apply to a person to whom this Part applies because of subsection 43(3) (claim for acceptance of liability not determined).