CIVIL LAW (WRONGS) ACT 2002 - SECT 67 Examination by expert if no agreement

CIVIL LAW (WRONGS) ACT 2002 - SECT 67

    (1)     This section applies if a respondent wants to obtain an expert report about 1 or more of the matters mentioned in section 65 (1) but fails to obtain the claimant's agreement.

    (2)     The claimant must comply with a request by the respondent to undergo, at the respondent's expense, either or both of the following:

        (a)     a medical examination by a doctor to be selected by the claimant from a panel of at least 3 doctors with appropriate qualifications and experience in the relevant field nominated by the respondent in the request;

        (b)     an assessment of cognitive, functional or vocational capacity by an expert to be selected by the claimant from a panel of at least 3 experts with appropriate qualifications and experience in the relevant field nominated by the respondent in the request.

    (3)     However, a claimant is not obliged to undergo an examination or assessment under this section if it is unreasonable or unnecessarily repetitious.

    (4)     If 3 doctors or experts with appropriate qualifications and experience in the relevant field are not available for inclusion on a panel under subsection (2), the number on the panel may be reduced to 2.