Are Medical Panels Independent of Compensating Authorities?

Published: 10 December 2009

Medical Panels have been in operation since 1 April 2009.  Compensating authorities or the Workers Compensation Tribunal may at any time refer a worker who claims compensation to a Medical Panel to submit to an examination or answer questions (or both) so that the Medical Panel can determine specified medical questions.  How can injured workers be sure that Medical Panels are completely independent of compensating authorities and will give impartial opinions on medical questions?

 

There are several very good reasons why injured workers should be confident about the independence of Medical Panels.  The first is that Medical Panels are a creation of the Workers Rehabilitation and Compensation Act 1986 and their establishment and functions are governed by the legislation (Part 6C of the Act): they are not established or controlled by WorkCoverSA or any self-insured employer.

 

Secondly, the medical practitioners who are eligible to be members of a Medical Panel are appointed by the Governor on the recommendation of the Minister for Industrial Relations.  The appointment to the Medical Panels’ list followed wide consultation with a range of stakeholders including representatives of unions, colleges of medical practitioners and employers as well as compensating authorities.

 

All legally qualified medical practitioners appointed to the Medical Panels list have agreed to abide by a code of conduct, which requires them to act impartially and maintain the highest professional standards.  They have all undertaken comprehensive training about their role, with particular attention given to principles of natural justice and impartiality.  A medical practitioner may be removed from Medical Panels if he or she fails to comply with the conditions of their appointment or if guilty of dishonourable conduct or incompetence.

 

The Minister has also appointed a Convenor of Medical Panels whose role is to determine the members of each Medical Panel formed to answer questions on a referral.  The Convenor does not confer with compensating authorities as to who should be a member of a Medical Panel in any given case.

 

The Convenor has issued formal Directions which outline how each Medical Panel is to be conducted including the need for procedural fairness and natural justice.  The Convenor’s Directions specifically require medical practitioners to declare whether or not they have a conflict of interest before they are confirmed as members of a Medical Panel.

 

Medical Panels consist of at least 2 (but in practice, usually 3) legally qualified medical practitioners.  As a Panel the members must arrive at a single opinion in answering the medical questions referred to it.  As the final answer to the medical questions has to be one that they all consent to, each Panel member’s point of view is subject to the very close scrutiny of the other members.

 

For these reasons, injured workers should have every confidence in the independence and impartiality of Medical Panels as they carry out their functions.

 

If you have any other questions about what Medical Panels do and the way they are conducted, feel free to contact Medical Panels SA on ph. 8204 1530.