sec.10Person to whom notice of a claim is given must give preliminary response to claimant

### sec.10 Person to whom notice of a claim is given must give preliminary response to claimant A person to whom part 1 of a notice of a claim is given must, in writing and within the period prescribed under a regulation or, if no period is prescribed, within 1 month after receiving part 1 of the notice— if the person considers that the person is a proper respondent to the claim, give notice to the claimant under section 12 ; or if the person is unable to decide on the information contained in part 1 of the notice whether or not the person is a proper respondent to the claim, advise the claimant of the further information the person reasonably needs to decide whether the person is a proper respondent to the claim; or if the person considers that the person is not a proper respondent to the claim, give the claimant, in writing— reasons why the person considers the person is not a proper respondent to the claim; and any information the person has that may help the claimant to identify a proper respondent to the claim. Maximum penalty—100 penalty units. If the claimant is advised of the need for further information under subsection (1) (b) , the claimant must— give the person the information the person reasonably needs to decide whether the person is a proper respondent to the claim; or advise the person, in writing, that the claimant considers the person to be a proper respondent to the claim and require the person to give notice to the claimant under section 12 . After being given information under subsection (2) (a) , the person must, having regard to the information given to the person— if the person considers that the person is a proper respondent to the claim, give notice to the claimant under section 12 ; or if the person considers that the person is not a proper respondent to the claim, give the claimant, in writing— reasons why the person believes the person is not a proper respondent to the claim; and any information the person has that may help the claimant to identify a proper respondent to the claim. Maximum penalty—100 penalty units. If the person advises the claimant that the person considers the person is not a proper respondent to the claim, the claimant must advise the person, in writing, that— on the information available to the claimant, the claimant accepts the person is not a proper respondent to the claim; or the claimant considers the person to be a proper respondent to the claim and requires the person to give notice to the claimant under section 12 . Advice given to a person under subsection (4) (a) does not prevent the claimant from giving the person another part 1 of a notice of a claim under section 9 at a later time. s 10 amd 2003 No. 16 s 84 (sec.10-ssec.1) A person to whom part 1 of a notice of a claim is given must, in writing and within the period prescribed under a regulation or, if no period is prescribed, within 1 month after receiving part 1 of the notice— if the person considers that the person is a proper respondent to the claim, give notice to the claimant under section 12 ; or if the person is unable to decide on the information contained in part 1 of the notice whether or not the person is a proper respondent to the claim, advise the claimant of the further information the person reasonably needs to decide whether the person is a proper respondent to the claim; or if the person considers that the person is not a proper respondent to the claim, give the claimant, in writing— reasons why the person considers the person is not a proper respondent to the claim; and any information the person has that may help the claimant to identify a proper respondent to the claim. Maximum penalty—100 penalty units. (sec.10-ssec.2) If the claimant is advised of the need for further information under subsection (1) (b) , the claimant must— give the person the information the person reasonably needs to decide whether the person is a proper respondent to the claim; or advise the person, in writing, that the claimant considers the person to be a proper respondent to the claim and require the person to give notice to the claimant under section 12 . (sec.10-ssec.3) After being given information under subsection (2) (a) , the person must, having regard to the information given to the person— if the person considers that the person is a proper respondent to the claim, give notice to the claimant under section 12 ; or if the person considers that the person is not a proper respondent to the claim, give the claimant, in writing— reasons why the person believes the person is not a proper respondent to the claim; and any information the person has that may help the claimant to identify a proper respondent to the claim. Maximum penalty—100 penalty units. (sec.10-ssec.4) If the person advises the claimant that the person considers the person is not a proper respondent to the claim, the claimant must advise the person, in writing, that— on the information available to the claimant, the claimant accepts the person is not a proper respondent to the claim; or the claimant considers the person to be a proper respondent to the claim and requires the person to give notice to the claimant under section 12 . (sec.10-ssec.5) Advice given to a person under subsection (4) (a) does not prevent the claimant from giving the person another part 1 of a notice of a claim under section 9 at a later time. - (a) if the person considers that the person is a proper respondent to the claim, give notice to the claimant under section 12 ; or - (b) if the person is unable to decide on the information contained in part 1 of the notice whether or not the person is a proper respondent to the claim, advise the claimant of the further information the person reasonably needs to decide whether the person is a proper respondent to the claim; or - (c) if the person considers that the person is not a proper respondent to the claim, give the claimant, in writing— (i) reasons why the person considers the person is not a proper respondent to the claim; and (ii) any information the person has that may help the claimant to identify a proper respondent to the claim. - (i) reasons why the person considers the person is not a proper respondent to the claim; and - (ii) any information the person has that may help the claimant to identify a proper respondent to the claim. - (i) reasons why the person considers the person is not a proper respondent to the claim; and - (ii) any information the person has that may help the claimant to identify a proper respondent to the claim. - (a) give the person the information the person reasonably needs to decide whether the person is a proper respondent to the claim; or - (b) advise the person, in writing, that the claimant considers the person to be a proper respondent to the claim and require the person to give notice to the claimant under section 12 . - (a) if the person considers that the person is a proper respondent to the claim, give notice to the claimant under section 12 ; or - (b) if the person considers that the person is not a proper respondent to the claim, give the claimant, in writing— (i) reasons why the person believes the person is not a proper respondent to the claim; and (ii) any information the person has that may help the claimant to identify a proper respondent to the claim. - (i) reasons why the person believes the person is not a proper respondent to the claim; and - (ii) any information the person has that may help the claimant to identify a proper respondent to the claim. - (i) reasons why the person believes the person is not a proper respondent to the claim; and - (ii) any information the person has that may help the claimant to identify a proper respondent to the claim. - (a) on the information available to the claimant, the claimant accepts the person is not a proper respondent to the claim; or - (b) the claimant considers the person to be a proper respondent to the claim and requires the person to give notice to the claimant under section 12 .