45Supplementary reports admissible

45 Supplementary reports admissible

45 Supplementary reports admissible

(1) Despite clauses 44 and 46, a medical report other than the original report (a supplementary report) may be admitted if—

(a) it has the purpose of clarifying the original report, for example, where it can be shown that there has been some omission in relation to the material originally provided that could lead to an opinion in the original report being expressed on the basis of inaccurate or incomplete information and it does not go outside the parameters of the original report, but merely confirms, modifies or retracts an opinion expressed in the original report, or

(b) it has the purpose of updating the original report by confirming, modifying or retracting an opinion expressed in the original report, or

(c) it has the purpose of addressing issues omitted from the original report, or

(d) it has the purpose of addressing an opinion in the other party’s medical report.

(2) A supplementary report can be provided as an addendum to the original report and in any such case the original report together with that addendum constitute the report referred to in clauses 44 and 46.

(3) A supplementary report must have been provided by the medical practitioner who provided the original report except when the medical practitioner has ceased (permanently or temporarily) to practise in the specialty concerned, in which case the supplementary report must be provided by another medical practitioner of the same specialty.