PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 22
Duty of claimant to provide documents and information to respondent
PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 22
Duty of claimant to provide documents and information to respondent
22 Duty of claimant to provide documents and information to respondent
(1) A claimant must give a respondent—
(a) copies of the following in the
claimant’s possession—
(i) reports and other documentary material about
the incident alleged to have given rise to the personal injury to which the
claim relates;
(ii) reports about the claimant’s medical condition or
prospects of rehabilitation;
(iii) reports about the claimant’s cognitive,
functional or vocational capacity; and
(b) information reasonably requested
by the respondent about any of the following—
(i) the incident;
(ii) the
nature of the personal injury and of any consequent disabilities;
(iii) if
applicable, the medical treatment and rehabilitation services the claimant has
sought or obtained;
(iv) the claimant’s medical history, as far as it is
relevant to the claim, and any other claims for damages for personal injury
made by the claimant;
(v) the claimant’s claim for past and future economic
loss;
(vi) any claim known to the claimant for gratuitous services or loss of
consortium or servitium consequent on the claimant’s personal injury.
(2)
If the claim is a health care claim, the claimant must, if reasonably
requested by a respondent, give the respondent a single report from a doctor
with appropriate qualifications and experience in the relevant field that
includes an opinion regarding—
(a) the nature and extent of the personal
injury alleged to have been suffered; and
(b) the causal relationship between
the incident and the personal injury alleged to have arisen from the incident.
(3) The respondent may not request a report under subsection (2) if a similar
report has already been given under subsection (1) .
(4) However, the giving
of a report under subsection (2) does not limit the respondent’s right to
require the claimant to undergo an examination or assessment under section 25.
(5) The claimant must—
(a) provide the copies mentioned in subsection (1)
(a) within the period prescribed under a regulation or, if no period is
prescribed, within 1 month after giving notice of a claim under division 1 or
purportedly under division 1 and, to the extent that the reports or material
come into the claimant’s possession later, within 7 days after they come
into the claimant’s possession; and
(b) respond to a request under
subsection (1) (b) within the period prescribed under a regulation or, if no
period is prescribed, within 1 month after receiving it.
(6) If, after notice
of a claim is given to a respondent under division 1 or purportedly under
division 1 but before the claim is resolved, the claimant becomes aware of—
(a) a change in the claimant’s medical condition or disabilities; or
(b) a
change in other circumstances relevant to an assessment of the claimant’s
claim;
the claimant must, within the period prescribed under a regulation or,
if no period is prescribed, within 1 month after becoming aware of the change,
inform the respondent of the change.
(7) If a respondent requires information
provided by a claimant under this section to be verified by statutory
declaration, the claimant must verify the information by statutory
declaration.
(8) If a claimant fails, without proper reason, to comply fully
with a request by a respondent under this section, the claimant is liable for
costs to the respondent resulting from the failure.
(9) In this section—
"health care" means any care, treatment, advice, service or goods provided in
relation to the physical or mental health of a person.
