Queensland Consolidated Acts

PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 22

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.

"health care claim" means a claim against a health care provider in relation to personal injury caused entirely or partly by the fault of the health care provider in providing health care.

"health care provider" means—

(a) a person who is registered under the Health Practitioner Regulation National Law in a health profession; or

(b) a provider of a public sector health service as defined under the Hospital and Health Boards Act 2011 , schedule 2 ; or

(c) a licensee of a private health facility as defined under the Private Health Facilities Act 1999 , section 8 .