Australian Capital Territory Consolidated Regulations

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CIVIL LAW (WRONGS) REGULATION 2003 - REG 5

Records respondent to be authorised to access etc—Act, s 51 (2) (b)

    (1)     The notice of claim must authorise the respondent and the respondent's insurer for the claim (if any) to have access to the following records and sources of information relevant to the claim:

        (a)     if the personal injury exacerbated a pre-existing injury or condition—clinical notes in the possession of a health service provider who treated or assessed the injured person for the pre-existing injury or condition;

        (b)     clinical notes in the possession of a hospital (including a private hospital) where the injured person received treatment relevant to the personal injury;

        (c)     records in the possession of an ambulance or other emergency service that treated or assisted the injured person in relation to the personal injury;

        (d)     clinical notes in the possession of a health service provider who treated or assessed the injured person in relation to the personal injury;

        (e)     wage, leave and work history records in the possession of—

              (i)     the injured person's employer; or

              (ii)     anyone else who employed the injured person at any time during the 3 years before the accident.

    (2)     The respondent and the respondent's insurer (if any) must not use records and sources of information accessed under subsection (1) otherwise than for a purpose related to the claim.



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