sec.18Certificates and identity documents to accompany notice of claim— Act , s 37 (1) (e)

sec.18 Certificates and identity documents to accompany notice of claim— Act , s 37 (1) (e)

A notice of claim must— if the claim is not a derivative claim—be accompanied by a certificate signed by a doctor stating— the doctor’s name, address, email address, professional qualifications and medicare provider number; and that the doctor physically examined the claimant; and whether the claimant was, at the date of the accident, an existing patient of the doctor or of a medical practice in which the doctor practises or was practising; and a description of the injury and its effects including the extent the injury has limited, or is likely to limit, the claimant’s ability to work; and details of hospitalisation and medical treatment to the date of the certificate and medical treatment the doctor considers will be necessary in the future; and if the claim is a derivative claim made by or for the dependants of a person who died as a result of injury received in a motor vehicle accident—be accompanied by a copy of the death certificate. Also, a notice of claim must be accompanied by a certificate signed by the claimant that states— whether the claimant is making the claim on the claimant’s own initiative; and either— the claimant was not personally approached or contacted by a person and solicited or induced to make the claim; or if the claimant was personally approached or contacted by a person and solicited or induced to make the claim—the name of the person and the circumstances in which the claimant was personally approached or contacted; and if the claimant has retained a law practice to act for the claimant in relation to the claim—whether the claimant knows if the law practice gave consideration to a person for the referral of the claimant to the law practice. The certificate mentioned in subsection (2) must be in a form approved by the commission and verified by statutory declaration. Further, if the claimant is at least 15 years, a notice of claim must be accompanied by— a certified copy of an identity document for the claimant that is current; or if the claimant does not hold an identity document—a recent certified photograph of the claimant. In this section— certified copy , of an identity document, means a copy of the document certified by any of the following persons to be a true copy of the document— a lawyer; a notary public; a commissioner for declarations; a justice of the peace. consideration means a fee or other benefit but does not include a gift, other than money, or hospitality if the gift or hospitality has a value of $200 or less. identity document , for a claimant, means a document issued by a government that is evidence of the claimant’s identity and contains a photograph of the claimant. injured person includes a person who dies as a result of injury received in a motor vehicle accident. recent certified photograph , of a claimant, means a passport-size photograph of the claimant taken within the last 2 years and certified to be a photograph of the claimant by a person who has known the claimant for at least 1 year. s 18 amd 2019 No. 36 s 29 (sec.18-ssec.1) A notice of claim must— if the claim is not a derivative claim—be accompanied by a certificate signed by a doctor stating— the doctor’s name, address, email address, professional qualifications and medicare provider number; and that the doctor physically examined the claimant; and whether the claimant was, at the date of the accident, an existing patient of the doctor or of a medical practice in which the doctor practises or was practising; and a description of the injury and its effects including the extent the injury has limited, or is likely to limit, the claimant’s ability to work; and details of hospitalisation and medical treatment to the date of the certificate and medical treatment the doctor considers will be necessary in the future; and if the claim is a derivative claim made by or for the dependants of a person who died as a result of injury received in a motor vehicle accident—be accompanied by a copy of the death certificate. (sec.18-ssec.2) Also, a notice of claim must be accompanied by a certificate signed by the claimant that states— whether the claimant is making the claim on the claimant’s own initiative; and either— the claimant was not personally approached or contacted by a person and solicited or induced to make the claim; or if the claimant was personally approached or contacted by a person and solicited or induced to make the claim—the name of the person and the circumstances in which the claimant was personally approached or contacted; and if the claimant has retained a law practice to act for the claimant in relation to the claim—whether the claimant knows if the law practice gave consideration to a person for the referral of the claimant to the law practice. (sec.18-ssec.3) The certificate mentioned in subsection (2) must be in a form approved by the commission and verified by statutory declaration. (sec.18-ssec.4) Further, if the claimant is at least 15 years, a notice of claim must be accompanied by— a certified copy of an identity document for the claimant that is current; or if the claimant does not hold an identity document—a recent certified photograph of the claimant. (sec.18-ssec.5) In this section— certified copy , of an identity document, means a copy of the document certified by any of the following persons to be a true copy of the document— a lawyer; a notary public; a commissioner for declarations; a justice of the peace. consideration means a fee or other benefit but does not include a gift, other than money, or hospitality if the gift or hospitality has a value of $200 or less. identity document , for a claimant, means a document issued by a government that is evidence of the claimant’s identity and contains a photograph of the claimant. injured person includes a person who dies as a result of injury received in a motor vehicle accident. recent certified photograph , of a claimant, means a passport-size photograph of the claimant taken within the last 2 years and certified to be a photograph of the claimant by a person who has known the claimant for at least 1 year.