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MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 48
Non-disclosure of certain material
48 Non-disclosure of certain material
(1) A claimant or insurer is not obliged to disclose information or
documentary material under this division if the information or documentary
material is protected by legal professional privilege.
(2) However,
investigative reports, medical reports and reports relevant to the
claimant’s rehabilitation must be disclosed even though protected by legal
professional privilege but they may be disclosed with the omission of passages
consisting only of statements of opinion.
(3) If an insurer has reasonable
grounds to suspect a claimant of fraud, the insurer may withhold from
disclosure under this division information or documentary material (including
reports that would, apart from this subsection, have to be disclosed under
subsection (2) ) to the extent the disclosure would alert the claimant to the
discovery of the grounds of suspicion or could help in the furtherance of
fraud.
(4) An insurer must not withhold information or documentary material
from disclosure under this division without having proper grounds.
Penalty— Maximum penalty for subsection (4) —50 penalty units.
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