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Civil Law (Wrongs) Act 2002
67Examination by expert if no agreement
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67 Examination by expert if no agreement
(1) This section applies if a respondent wants to obtain an expert report
about 1 or more of the matters mentioned in section 65 (1) but fails to
obtain the claimant’s agreement.
(2) The claimant must comply with a request by the respondent to
undergo, at the respondent’s expense, either or both of the following:
(a) a medical examination by a doctor to be selected by the claimant
from a panel of at least 3 doctors with appropriate qualifications
and experience in the relevant field nominated by the respondent
in the request;
(b) an assessment of cognitive, functional or vocational capacity by
an expert to be selected by the claimant from a panel of at least
3 experts with appropriate qualifications and experience in the
relevant field nominated by the respondent in the request.
(3) However, a claimant is not obliged to undergo an examination or
assessment under this section if it is unreasonable or unnecessarily
repetitious.
(4) If 3 doctors or experts with appropriate qualifications and experience
in the relevant field are not available for inclusion on a panel under
subsection (2), the number on the panel may be reduced to 2.