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MOTOR ACCIDENT INSURANCE AND OTHER LEGISLATION AMENDMENT ACT 2019 - SECT 31

Amendment of s 26 (Information to be provided by return—Act, s 88)

31 Amendment of s 26 (Information to be provided by return—Act, s 88)

(1) Section 26 (6)
insert—

"certifying doctor" means the doctor who signed the certificate mentioned in section 18(1)(a).
(2) Section 26 (6) , definitions
"required claim details" and
"required further claim details" , after ‘means’—
insert—
each of
(3) Section 26 (6) , definition
"required claim details" , paragraph (g)
insert—
(iii) the claimant’s medicare number; and
(iv) if the notice of claim was accompanied by an identity document under section 18 that has a unique identifying number—the number.
(4) Section 26 (6) , definition
"required further claim details" , paragraphs (d) to (h)
omit, insert —
(d) whether, in relation to the vehicle the claimant or, for a derivative claim, the injured person was travelling in at the time of the accident, a property damage claim has been made under a comprehensive insurance policy or a third party property damage policy;
(e) if a claim has been made under a policy mentioned in paragraph (d)—the insurer for the policy, the policy number and the number of any property damage claim made under the policy;
(f) the name and address of each witness to the accident known to the insurer;
(g) the circumstances of the accident, including how the claimant came to be involved in the accident;
(h) the nature of the personal injury to the claimant;
(i) for a claim other than a derivative claim, the following details as shown in the notice of claim—
(i) the date the claimant was first physically examined by a doctor in relation to personal injury resulting from the accident;
(iii) the date the claimant was first physically examined by the certifying doctor in relation to personal injury resulting from the accident;
(iv) the unique identifier given to the certifying doctor under the Health Practitioner Regulation National Law , section 233;
(j) for a claim other than a derivative claim, whether the claimant was, at the date of the accident, an existing patient of the doctor or of a medical practice in which the doctor practises or was practising, as shown in the certificate accompanying the notice of claim;
(k) if the claimant consulted a lawyer about the possibility of making a claim—the date, as shown in the notice of claim, the claimant first consulted the lawyer;
(l) if the claimant has retained a law practice to act for the claimant in relation to the claim, the following details as shown in the notice of claim—
(i) the name of the law practice;
(ii) the date the claimant retained the law practice.



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