PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 30
Nondisclosure of particular material
PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 30
Nondisclosure of particular material
30 Nondisclosure of particular material
(1) A party is not obliged to disclose information or documentary material
under division 1 or this division if the information or documentary material
is protected by legal professional privilege.
(2) However,
investigative reports, medical reports and reports relevant to the
claimant’s rehabilitation must be disclosed even though otherwise protected
by legal professional privilege but they may be disclosed with the omission of
passages consisting only of statements of opinion.
(3) If a respondent has
reasonable grounds to suspect a claimant of fraud, the respondent may apply,
ex parte, to the court for approval to withhold from disclosure under division
1 or this division information or documentary material, including a class of
documents, that—
(a) would alert the claimant to the suspicion; or
(b)
could help further the fraud.
(4) If the court gives approval on application
under subsection (3) , the respondent may withhold from disclosure the
information or documentary material in accordance with the approval.
(5) In
this section—
"investigative reports" does not include any document prepared in relation to
an application for, an opinion on or a decision about, indemnity against the
claim from the State.
