PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 27 Duty of respondent to give documents and information to claimant

PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 27

27 Duty of respondent to give documents and information to claimant

(1) A respondent must give a claimant—

(a) copies of the following in the respondent’s possession that are directly relevant to a matter in issue in the claim—

(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) if asked by the claimant—

(i) information that is in the respondent’s possession about the circumstances of, or the reasons for, the incident; or

(ii) if the respondent is an insurer of a person for the claim, information that can be found out from the insured person for the claim, about the circumstances of, or the reasons for, the incident.

(2) A respondent must—

(a) give the claimant the copies mentioned in subsection (1) (a) within the period prescribed under a regulation or, if no period is prescribed, within 1 month after receiving a complying part 1 notice of claim and, to the extent any report or documentary material comes into the respondent’s possession later, within 7 days after it comes into the respondent’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.

(3) If the claimant requires information provided by a respondent under this section to be verified by statutory declaration, the respondent must verify the information by statutory declaration.

(4) If a respondent fails, without proper reason, to comply fully with this section, the respondent is liable for costs to the claimant resulting from the failure.