SIRA Logo

Authorised health practitioners

A health practitioner must be authorised by SIRA to give evidence in court and dispute resolution proceedings.

In brief

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 maximum fees for medico-legal services are set in Schedule 2 of the regulation. From 1 October 2018, maximum fees for medico-legal services will be adjusted each year in line with inflation as set out in Schedule 3 of the regulation.

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.

The maximum fees that apply from 1 October 2018 – 30 September 2019 are as follows:

Maximum fees for medico-legal services

Appearances as witnesses
Health practitioners called to give evidence other than expert evidence, per hour (or proportionately if not for a full hour) to a maximum of $919 $459
Health practitioners called to give expert evidence:  
(a)  for the first 1.5 hours (including time travelling to the court from the medical professional’s home, hospital, place of practice, office or other place and return to that place from the court) $1,225
(b)  for every full hour after the first 1.5 hours (or proportionately if not for a full hour) to a maximum of $3,674 $459
Travelling allowance (for travel by private motor vehicle) in connection with appearance as witness—per kilometre $0.66
Accommodation and meals in connection with appearance as witness reasonable costs

Medical reports
Report made by a treating general practitioner:  
(a)  if a re-examination of the patient is not required $383
(b)  if a re-examination of the patient is required $505
Report made by a treating specialist:  
(a)  if a re-examination of the patient is not required $1,225
(b)  if a re-examination of the patient is required $1,633
Report made by a specialist who has not previously treated the patient (where both parties have not jointly agreed to the appointment of the specialist):  
(a)  if an examination of the patient is not required $1,225
(b)  if an examination of the patient is required $1,633
Report made by a specialist who has not previously treated the patient (where both parties have jointly agreed to the appointment of the specialist):  
(a)  if an examination of the patient is not required $1,837
(b)  if an examination of the patient is required $2,245
Charges for copying medical reports—per page $1

Cancellation
Fee if appearance or medical report is not required Not more than 50% of the relevant amount specified in this Table

Publications you may need

Further Information

Medical matters

‘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.