Victorian Current Acts

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WRONGS ACT 1958 - SECT 28LW

Response to medical assessment

    (1)     The respondent on whom a copy of a certificate of assessment is served must respond in writing to the claimant within 60 days after receiving the certificate and the required information under section 28LT.

    (2)     The response to the claimant must—

        (a)     state that the respondent is a proper respondent to the claim and state that the respondent accepts the assessment for the purposes of this Part; or

        (b)     state that the respondent is a proper respondent to the claim and advise the claimant that the respondent intends to refer or has referred a medical question in relation to the assessment to a Medical Panel for determination under this Part; or

        (c)     if the respondent is unable to decide, on the information provided with the certificate of assessment, whether the respondent is a proper respondent to the claim, advise the claimant of the further information the respondent reasonably needs to decide whether the respondent is a proper respondent to the claim; or

        (d)     state that the respondent believes that the respondent is not a proper respondent to the claim, give the reasons for the belief and give any information that may help the claimant to identify the proper respondent.

    (3)     The respondent must state that the respondent is a proper respondent to a claim if the respondent has already stated under section 28LO or 28LP that the respondent is a proper respondent to the claim.

    (4)     If the respondent fails to respond in writing under this section within the 60 days, the respondent is deemed to have accepted the assessment.

S. 28LWA inserted by No. 102/2003 s. 23.



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