(1)  If proceedings are taken against a defendant in respect of any injury sustained by another person –

(a) a medical practitioner appointed by the defendant is entitled, on demand of the defendant, to examine the injured person; and

(b) the injured person and any other party to the proceedings is to give the medical practitioner any facilities and information necessary to enable the medical practitioner to ascertain fully the nature and extent of the injury.

(2)  If the injured person fails –

(a) to submit to an examination by a medical practitioner appointed by the defendant; or

(b) to give to the medical practitioner any facilities and information required under this section –

the court in which the proceedings are taken, whether commenced before or after the making of a demand under subsection (1) , may, on the application of the defendant, order that the proceedings be stayed until the injured person submits to the examination, or gives the facilities and information, subject to such other conditions as the court may order.

Note: This section does not appear in the Evidence Act 1995 of the Commonwealth.