How notice of claims given
6.15 How notice of claims given
A notice of a claim under this Division is to be given in the form approved by the Authority.
The approved form may, without limitation, provide for the giving of notices of claims by a computer system, whether or not operated by insurers, that makes the notices available to the insurers or other persons to whom the notices are required to be given.
The approved form may require the claimant to do 1 or more of the following—
provide a certificate of a treating medical practitioner relating to the claim,
authorise the insurer to obtain information and documents relevant to the claim from persons specified in the authorisation,
authorise the insurer to provide information and documents so obtained by the insurer to persons specified in the authorisation.
The Motor Accident Guidelines may excuse non-compliance with this section in specified circumstances.
If this section has not been complied with, a claim for damages cannot be referred for assessment under Division 7.6 unless—
the insurer has lost the right to reject the claim for that non-compliance, or
the Commission has determined that the non-compliance is technical and of no significance, or
the claim is referred only for a certificate of exemption from assessment under Division 7.6.
The insurer loses the right to reject a claim for damages for non-compliance with this section if, within 2 months after receiving the claim, the insurer does not reject the claim for the non-compliance.
The insurer may apply to the court in which proceedings on a claim for damages are commenced to have the proceedings dismissed on the ground of non-compliance with this section if—
the application to have the proceedings dismissed is made not more than 2 months after the statement of claim is served on the defendant and received by the insurer, and
the insurer has not lost the right to reject the claim on the ground of non-compliance with this section.
The court must dismiss the proceedings unless satisfied that the claimant has a full and satisfactory explanation for the non-compliance.
In this section, insurer includes the person against whom a claim for damages is made.
This Act’s bill:Explanatory memorandumSecond reading speech
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