Victorian Current Acts

WRONGS ACT 1958 - SECT 28LQ

    (1)     If a respondent responds in accordance with section 28LO(3)(d), the claimant must give written notice to the respondent, within 14 days after receiving the response, that either—

        (a)     on the information available to the claimant, the claimant accepts that the respondent is not a proper respondent to the claim; or

        (b)     the claimant considers that the respondent is a proper respondent to the claim and requires the respondent to respond to the notice.

    (2)     The respondent must respond in writing to a notice under subsection (1)(b) within 14 days after receiving the notice.

    (3)     The response under this section must—

        (a)     state that the respondent agrees to waive the requirement for the assessment of degree of impairment under this Part because the injury is significant injury; or

        (b)     request that the claimant obtain an assessment of degree of impairment under this Part.

    (4)     If the respondent fails to respond within the 14 days, the requirement for the assessment of degree of impairment cannot be waived by the respondent.

S. 28LR inserted by No. 60/2003 s. 4.