• Specific Year
    Any

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 9 at a later time.