Personal Injuries Proceedings Act 2002

A respondent must give a claimant—

copies of the following in the respondent’s possession that are directly relevant to a matter in issue in the claim—

reports and other documentary material about the incident alleged to have given rise to the personal injury to which the claim relates;

reports about the claimant’s medical condition or prospects of rehabilitation;

reports about the claimant’s cognitive, functional or vocational capacity; and

if asked by the claimant—

information that is in the respondent’s possession about the circumstances of, or the reasons for, the incident; or

if the respondent is an insurer of a person for the claim, information that can be found out from the insured person for the claim, about the circumstances of, or the reasons for, the incident.

A respondent must—

give the claimant the copies mentioned in subsection (1)(a) within the period prescribed under a regulation or, if no period is prescribed, within 1 month after receiving a complying part 1 notice of claim and, to the extent any report or documentary material comes into the respondent’s possession later, within 7 days after it comes into the respondent’s possession; and

respond to a request under subsection (1)(b) within the period prescribed under a regulation or, if no period is prescribed, within 1 month after receiving it.

If the claimant requires information provided by a respondent under this section to be verified by statutory declaration, the respondent must verify the information by statutory declaration.

If a respondent fails, without proper reason, to comply fully with this section, the respondent is liable for costs to the claimant resulting from the failure.