(1) A claimant must give a respondent—
(a) copies of the following in the claimant's possession:
(i) reports and other documents about the accident claimed to have given rise to the personal injury to which the claim relates;
(ii) reports or surveillance film about the claimant's medical condition or prospects of rehabilitation;
(iii) reports or surveillance film about the claimant's cognitive, functional or vocational capacity; and
(b) information reasonably requested by the respondent about any of the following:
(i) the accident;
(ii) the nature of the personal injury and of any consequent disabilities;
(iii) if applicable, the medical treatment and rehabilitation services the claimant has sought or obtained;
(iv) the claimant's medical history, as far as it is relevant to the claim, and any other claims for damages for personal injury made by the claimant;
(v) the claimant's claim for past and future economic loss;
(vi) any claim known to the claimant for gratuitous services consequent on the claimant's personal injury.
Note Damages may not be awarded in a motor accident claim for gratuitous care (see Motor Accident Injuries Act 2019
, s 249).
(2) The claimant must give the copies mentioned in subsection (1) (a)—
(a) within the period prescribed by regulation (or, if no period is prescribed, within 1 month after the day the claimant gives notice of the claim under part 5.2, or purportedly under part 5.2); and
(b) to the extent that a report, film or other document mentioned in subsection (1) (a) comes into the claimant's possession later, within 7 days after the day it comes into the claimant's possession.
(3) The claimant must respond to a request under subsection (1) (b) within the period prescribed by regulation (or, if no period is prescribed, within 1 month after the day the request is received).
(4) If a respondent requires information given by a claimant under this section to be verified, the claimant must give the respondent a statement verifying the information.
Note It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code
, pt 3.4).
(5) If a claimant fails, without proper reason, to comply fully with this section, the claimant is liable for costs to the respondent resulting from the failure.