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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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