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