New South Wales Consolidated Acts

MOTOR ACCIDENT INJURIES ACT 2017 - SECT 7.52

7.52 Restriction on health practitioners who may give evidence in court and other dispute resolution proceedings

(1) In any proceedings before a court for damages or in connection with a merit review under Division 7.4, a medical assessment under Division 7.5 or the assessment of a claim under Division 7.6, evidence given by a health practitioner in relation to a medical matter concerning an injured person is not admissible unless--

(a) the practitioner is a treating health practitioner of the injured person, or

(b) the practitioner is authorised by the Motor Accident Guidelines to give evidence in the proceedings.

(2) The Motor Accident Guidelines may make provision for or with respect to the appointment of relevant practitioners (whether by agreement between the parties, appointment by the Authority or otherwise) for the purposes of subsection (1).

(3) This section has effect despite anything to the contrary in the rules of court or the Evidence Act 1995 .

(4) In this section--

"health practitioner" has the same meaning as in the Health Practitioner Regulation National Law (NSW) .

"medical matter" means--

(a) the degree of permanent impairment of an injured person that has resulted from an injury caused by a motor accident, or

(b) any medical assessment matter of a kind prescribed by the regulations for the purposes of this section.