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Administrative law December 6, 2017

ADMINISTRATIVE LAW – judicial review – reviewable decisions and conduct – motor accident – proper construction of s 63 of the Motor Accidents Compensation Act 1999 (NSW) and the Medical Assessment and Permanent Impairment Guidelines – whether review panel conducted its new assessment in accordance with requirements of s 63 and the applicable Guidelines – whether s 63 requires all members of review panel to undertake a re-examination – whether review panel failed to consider unchallenged medical assessment – whether reasons given adequate – reasons given inadequate – review panel failed to comply with requirements of s 63 of the Motor Accidents Compensation Act 1999 (NSW) and the Medical Assessment and Permanent Impairment Guidelines – all members of review panel must undertake a re-examination – orders made

An application for review of a medical dispute must be referred to a panel of at least three medical assessors: s 63(3). The review is to be “by way of a new assessment of all the matters with which the medical assessment is concerned”: s 63(4). Section 133 requires that the assessment of the degree of permanent impairment of an injured person must be made in accordance with the Motor Accidents Medical Assessment Guidelines.

Wolarczuk v NRMA Insurance Australia Limited [2017] NSWSC 1691

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