PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 10
Person to whom notice of a claim is given must give preliminary response to claimant
PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 10
Person to whom notice of a claim is given must give preliminary response to claimant
10 Person to whom notice of a claim is given must give preliminary response to
claimant
(1) A person to whom part 1 of a notice of a claim is given must, in writing
and within the period prescribed under a regulation or, if no period is
prescribed, within 1 month after receiving part 1 of the notice—
(a) if the
person considers that the person is a proper respondent to the claim, give
notice to the claimant under section 12; or
(b) if the person is unable to
decide on the information contained in part 1 of the notice whether or not the
person is a proper respondent to the claim, advise the claimant of the further
information the person reasonably needs to decide whether the person is a
proper respondent to the claim; or
(c) if the person considers that the
person is not a proper respondent to the claim, give the claimant, in
writing—
(i) reasons why the person considers the person is not a proper
respondent to the claim; and
(ii) any information the person has that may
help the claimant to identify a proper respondent to the claim.
Penalty—
Maximum penalty—100 penalty units.
(2) If the claimant is
advised of the need for further information under subsection (1) (b) , the
claimant must—
(a) give the person the information the person reasonably
needs to decide whether the person is a proper respondent to the claim; or
(b) advise the person, in writing, that the claimant considers the person to
be a proper respondent to the claim and require the person to give notice to
the claimant under section 12.
(3) After being given information under
subsection (2) (a) , the person must, having regard to the information given
to the person—
(a) if the person considers that the person is a proper
respondent to the claim, give notice to the claimant under section 12; or
(b) if the person considers that the person is not a proper respondent to the
claim, give the claimant, in writing—
(i) reasons why the person believes
the person is not a proper respondent to the claim; and
(ii) any information
the person has that may help the claimant to identify a proper respondent to
the claim.
Penalty—
Maximum penalty—100 penalty units.
(4) If the
person advises the claimant that the person considers the person is not a
proper respondent to the claim, the claimant must advise the person, in
writing, that—
(a) on the information available to the claimant, the
claimant accepts the person is not a proper respondent to the claim; or
(b)
the claimant considers the person to be a proper respondent to the claim and
requires the person to give notice to the claimant under section 12.
(5)
Advice given to a person under subsection (4) (a) does not prevent the
claimant from giving the person another part 1 of a notice of a claim under
section 9at a later time.