Queensland Consolidated Acts

PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 12

12 Respondent’s response to part 1 of a notice of a claim

(1) This section applies to a person (
"respondent" ) to whom part 1 of a notice of a claim is given under this division or purportedly under this division and who—

(a) considers himself, herself or itself to be a proper respondent to the claim; or

(b) is given notice under section 10 (2) (b) or (4) (b) that the claimant considers the person to be a proper respondent to the claim.

(2) The respondent must, within the prescribed period, give the claimant written notice—

(a) stating whether the respondent is satisfied that part 1 of the notice is a complying part 1 notice of claim; and

(b) if the respondent is not satisfied, identifying the noncompliance and stating whether the respondent waives compliance with the requirements; and

(c) if the respondent does not waive compliance with the requirements, allowing the claimant a reasonable period, of at least 1 month, specified in the notice either to satisfy the respondent that the claimant has in fact complied with the requirements or to take reasonable action specified in the notice to remedy the noncompliance.

(3) If the respondent is not prepared to waive compliance with the requirements in the first instance, the respondent must, within 1 month after the end of the period specified under subsection (2) (c) , give the claimant a written notice—

(a) stating that the respondent is satisfied the claimant has complied with the relevant requirements, is satisfied with the action taken by the claimant to remedy the noncompliance, or waives the noncompliance in any event; or

(b) stating that the respondent is not satisfied that the claimant has taken reasonable action to remedy the noncompliance, and giving full particulars of the noncompliance and the claimant’s failure to remedy it.

(4) In this section—

"prescribed period" means—

(a) if the respondent responds directly to the claimant under this section as contemplated by section 10 (1) (a) —the period prescribed under section 10 (1) ; or

(b) otherwise—

(i) the period prescribed under a regulation; or

(ii) if no period is prescribed, the later of the following—

(A) if the respondent gives notice to the claimant under section 10 (3) (a) that the respondent is a proper respondent to the claim—1 month after the respondent is given the further information under section 10 (2) (a) ;

(B) if the claimant advises the respondent under section 10 (2) (b) or (4) (b) that the claimant considers the person to be a proper respondent to the claim and requires the person to give notice to the claimant under this section—1 month after the claimant advises the respondent under the paragraph.