Important reminder for tribunal assessments of permanent impairment

QLS has been made aware of a practice allegedly adopted by a small number of legal practitioners when clients are being assessed by a Workers’ Compensation Regulatory Services psychiatry medical assessment tribunal to advise clients not to take prescribed medications prior to their assessment.

This appears to arise from a misplaced concern that medications will impact the accuracy of a client’s assessment.

QLS reminds practitioners that it is entirely inappropriate to intervene in a client’s medical treatment. The Chair of the Psychiatry Tribunals has confirmed that ceasing or pausing medication can place the client’s mental health at risk. Further, intervening in medical matters in an attempt to influence the Tribunal’s assessment may amount to a breach of rules 4 and 19 of the Australian Solicitors Conduct Rules.

Practitioners should ensure that all relevant medical information, including accurate information about medications, is provided to the tribunal in accordance with its processes regarding medical reports and documents.