MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 - SECT 30

MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 - SECT 30

30 .         Examination of injured person by health professional

        (1)         In this section —

        health profession has the meaning given in the Health Practitioner Regulation National Law (Western Australia) section 5;

        health professional , means —

            (a)         in relation to the examination of an injured person in Australia — a person registered under the Health Practitioner Regulation National Law (Western Australia) to practise a health profession (other than as a student); or

            (b)         in relation to the examination of an injured person in another country — a person licensed, registered or otherwise authorised under a law of that country to practise a health profession (other than as a student).

        (2)         Where, in accordance with section 29, the Commission has received notice of a claim for damages in relation to the bodily injury of a person (an injured person ), the Commission may, subject to the regulations, require the injured person from time to time to be examined by a health professional nominated by the Commission.

        (3)         The Commission must pay for an examination under subsection (2).

        (4)         An injured person may be accompanied at an examination under subsection (2) by a medical adviser but not by a legal adviser.

        (5)         If an injured person, without reasonable excuse, refuses to undergo an examination under subsection (2), no action for damages is to be commenced or proceeded with unless the injured person has undergone the examination.

        (6)         The costs (if any) allowed by a court to the Commission as the successful defendant, in an action for damages brought against it, may, in the discretion of and upon the certificate of the court, include any expenses incurred by the Commission in the payment of professional fees to a health professional who has conducted an examination under subsection (2).

        [Section 30 inserted: No. 8 of 2016 s. 53.]

[ 31.         Deleted: No. 81 of 1982 s. 19.]

[ 32.         Deleted: No. 51 of 1986 s. 46(2).]

[ 32A.         Deleted: No. 76 of 1996 s. 39.]