A health practitioner must be authorised by SIRA to give evidence in court and dispute resolution proceedings.
To help resolve a ‘medical matter’ arising in a CTP claim, it may be necessary for one or more authorised health practitioners to examine the injured person and prepare medico-legal reports, or give medico-legal evidence.
To be an authorised health practitioner you need to either be:
- the treating health practitioner of the injured person, or
- authorised by the State Insurance Regulatory Authority to give evidence in the proceedings.
For injuries caused by motor accidents before 1 December 2017, these statutory restrictions on the giving of evidence do not apply.
As an authorised health practitioner your role is to help the court and other dispute resolution proceedings impartially, on matters relevant to the area of your expertise.
You are bound to comply with the requirements of the Expert Witness Code of Conduct (Schedule 7 to the Uniform Civil Procedure Rules 2005).
Fees and invoicing
The information on fees is available in the Motor Accidents Injuries Regulation 2017.
The regulation distinguishes the fees for a medical practitioner, and fees for a health practitioner appearing as a witness. Payment for reports is the responsibility of the party requesting the service.
Publications you may need
- Motor accident guidelines
- Expert Witness Code of Conduct (Schedule 7 to the Uniform Civil Procedure Rules 2005)
- 2018 list of Authorised Health Practitioners (specialty)
- 2018 list of Authorised Health Practitioners (by surname)
‘Medical matters’ include the following:
- the degree of permanent impairment of an injured person that has resulted from injury caused by a motor accident
- whether treatment or care is reasonable and necessary in the circumstance or relates to an injury caused by a motor accident
- whether treatment or care after 26 weeks will improve recovery
- whether the injury is a minor injury, as defined by the Act
- the degree of impairment of earning capacity of an injured person that has resulted from injury caused by the motor accident.