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Personal Injuries Proceedings Regulation 2025
sec.5Records and sources of information for notice of claim— Act , s 9
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### sec.5 Records and sources of information for notice of claim— Act , s 9
For section 9 (2) (b) of the Act , the specified records and sources of information relevant to the claim are—
if the personal injury to which the claim relates aggravated a pre-existing injury or condition—
any records in the possession of any insurer involved in the claim for the pre-existing injury or condition that are relevant to the pre-existing injury or condition; and
any reports or clinical notes in the possession of a health care provider who treated or assessed the injured person for the pre-existing injury or condition; and
records in the possession of a relevant entity or the Motor Accident Insurance Commission that are relevant to—
an investigation of the incident alleged to have given rise to the personal injury to which the claim relates; or
an assessment of the injured person’s economic loss; and
reports and clinical notes in the possession of a hospital, including a private hospital, at which the injured person received treatment that are relevant to the personal injury to which the claim relates; and
records in the possession of an ambulance or other emergency service that treated or assisted the injured person that are relevant to the personal injury to which the claim relates; and
reports or clinical notes in the possession of a health care provider who treated or assessed the injured person that are relevant to the personal injury to which the claim relates; and
wage, leave and work history records in the possession of an employer (or a previous employer) of the injured person and, if the claim is a dependency claim, of each dependant; and
academic records in the possession of any educational institution attended by the injured person and, if the claim is a dependency claim, of each dependant.
In this section—
Motor Accident Insurance Commission means the entity of that name established under the Motor Accident Insurance Act 1994 , section 6 .
relevant entity means a department, agency or instrumentality of the Commonwealth, the State or another State administering the law relating to policing, social welfare, taxation or transport.
(sec.5-ssec.1) For section 9 (2) (b) of the Act , the specified records and sources of information relevant to the claim are— if the personal injury to which the claim relates aggravated a pre-existing injury or condition— any records in the possession of any insurer involved in the claim for the pre-existing injury or condition that are relevant to the pre-existing injury or condition; and any reports or clinical notes in the possession of a health care provider who treated or assessed the injured person for the pre-existing injury or condition; and records in the possession of a relevant entity or the Motor Accident Insurance Commission that are relevant to— an investigation of the incident alleged to have given rise to the personal injury to which the claim relates; or an assessment of the injured person’s economic loss; and reports and clinical notes in the possession of a hospital, including a private hospital, at which the injured person received treatment that are relevant to the personal injury to which the claim relates; and records in the possession of an ambulance or other emergency service that treated or assisted the injured person that are relevant to the personal injury to which the claim relates; and reports or clinical notes in the possession of a health care provider who treated or assessed the injured person that are relevant to the personal injury to which the claim relates; and wage, leave and work history records in the possession of an employer (or a previous employer) of the injured person and, if the claim is a dependency claim, of each dependant; and academic records in the possession of any educational institution attended by the injured person and, if the claim is a dependency claim, of each dependant.
(sec.5-ssec.2) In this section— Motor Accident Insurance Commission means the entity of that name established under the Motor Accident Insurance Act 1994 , section 6 . relevant entity means a department, agency or instrumentality of the Commonwealth, the State or another State administering the law relating to policing, social welfare, taxation or transport.
- (a) if the personal injury to which the claim relates aggravated a pre-existing injury or condition— (i) any records in the possession of any insurer involved in the claim for the pre-existing injury or condition that are relevant to the pre-existing injury or condition; and (ii) any reports or clinical notes in the possession of a health care provider who treated or assessed the injured person for the pre-existing injury or condition; and
- (i) any records in the possession of any insurer involved in the claim for the pre-existing injury or condition that are relevant to the pre-existing injury or condition; and
- (ii) any reports or clinical notes in the possession of a health care provider who treated or assessed the injured person for the pre-existing injury or condition; and
- (b) records in the possession of a relevant entity or the Motor Accident Insurance Commission that are relevant to— (i) an investigation of the incident alleged to have given rise to the personal injury to which the claim relates; or (ii) an assessment of the injured person’s economic loss; and
- (i) an investigation of the incident alleged to have given rise to the personal injury to which the claim relates; or
- (ii) an assessment of the injured person’s economic loss; and
- (c) reports and clinical notes in the possession of a hospital, including a private hospital, at which the injured person received treatment that are relevant to the personal injury to which the claim relates; and
- (d) records in the possession of an ambulance or other emergency service that treated or assisted the injured person that are relevant to the personal injury to which the claim relates; and
- (e) reports or clinical notes in the possession of a health care provider who treated or assessed the injured person that are relevant to the personal injury to which the claim relates; and
- (f) wage, leave and work history records in the possession of an employer (or a previous employer) of the injured person and, if the claim is a dependency claim, of each dependant; and
- (g) academic records in the possession of any educational institution attended by the injured person and, if the claim is a dependency claim, of each dependant.
- (i) any records in the possession of any insurer involved in the claim for the pre-existing injury or condition that are relevant to the pre-existing injury or condition; and
- (ii) any reports or clinical notes in the possession of a health care provider who treated or assessed the injured person for the pre-existing injury or condition; and
- (i) an investigation of the incident alleged to have given rise to the personal injury to which the claim relates; or
- (ii) an assessment of the injured person’s economic loss; and