CIVIL LAW (WRONGS) ACT 2002 - SECT 68 Respondent to give documents etc to claimant

CIVIL LAW (WRONGS) ACT 2002 - SECT 68

    (1)     A respondent must give a claimant—

        (a)     copies of the following in the respondent's possession that are directly relevant to a matter in issue in the claim:

              (i)     reports and other documents about the accident claimed to have given rise to the personal injury to which the claim relates;

              (ii)     reports or surveillance film about the claimant's medical condition or prospects of rehabilitation;

              (iii)     reports or surveillance film about the claimant's cognitive, functional or vocational capacity; and

        (b)     if asked by the claimant—

              (i)     information that is in the respondent's possession about the circumstances of, or the reasons for, the accident; or

              (ii)     if the respondent is an insurer of a person for the claim—information that can be found out from the insured person for the claim about the circumstances of, or the reasons for, the accident.

    (2)     The respondent must give the copies mentioned in subsection (1) (a)—

        (a)     within the period prescribed by regulation (or, if no period is prescribed, within 1 month after the day the respondent receives a complying notice of claim); and

        (b)     to the extent that a report, film or other document mentioned in subsection (1) (a) comes into the respondent's possession later, within 7 days after the day it comes into the respondent's possession.

    (3)     The respondent must respond to a request under subsection (1) (b) within the period prescribed by regulation (or, if no period is prescribed, within 1 month after the day the request is received).

    (4)     If a claimant requires information given by a respondent under this section to be verified, the respondent must give the claimant a statement verifying the information.

Note     It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code

, pt 3.4).

    (5)     If a respondent fails, without proper reason, to comply fully with this section, the respondent is liable for costs to the claimant resulting from the failure.