Judgment date: 11 September 2009
Transport Accident Commission of Victoria v Motor Accidents
Authority of New South Wales & Ors
Supreme Court of NSW1
In Brief
- The discretion of MAS proper officers to dismiss an application
for Further Medical Assessment is conferred by s 62(1B) but the
scope of the discretion is curtailed by the MAA Permanent
Impairment Guidelines.
Background
A decision of a MAA Medical Assessment Service's Proper
Officer, dated 14 January 2009, was the subject of judicial review
before Patten AJ.
The insurer sought an order pursuant to s 69 of the Supreme
Court Act quashing the certificate and consequential
relief.
The Supreme Court agreed the Proper Officer had erred in
dismissing the insurer's Application for Further Assessment but
the only consequential relief to be provided was the remitting of
the Application for Further Assessment back to the Authority as the
statutorily empowered decision maker.
