Health practitioners authorised to give evidence
A health practitioner must be authorised to give evidence in court and other dispute resolution proceedings.
COVID-19 update: SIRA has issued guidance material for both referrers and examiners to consider for independent medical examinations and reports during the COVID-19 pandemic:
- Guidance for referrers - Independent medical examinations and reports during the COVID-19 pandemic
- Guidance for examiners - Independent medical examinations and reports during the COVID-19 pandemic.
In brief
The Motor Accident Injuries Act 2017 (‘the Act’) places restrictions on the giving of evidence in respect of medical matters by health practitioners.
Health practitioners may be authorised to give evidence in proceedings for the purposes of section 7.52 of the Act in one of three ways:
- Being the treating practitioner of the injured person
- Agreement between the parties to a joint assessment, where the injured person is legally represented
- Appointment by the Authority, either to its list of health practitioners authorised to give evidence or for the purposes and duration of a specific claim.
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 52 weeks will improve recovery
- whether the injury is a threshold 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.
Find a health practitioner authorised to give evidence
- Health practitioners authorised to give evidence by specialty
- Health practitioners authorised to give evidence by surname
Becoming authorised to give evidence
The requirements for a health practitioner to be authorised to give evidence are set out in the Motor Accident Guidelines.
The Authority may appoint a health practitioner to its list of health practitioners authorised to give evidence if satisfied that the health practitioner meets the eligibility requirements.
Criteria include registration as a health practitioner with no conditions on that registration, at least 5 years relevant clinical experience and recency of practice. Please see the Guidelines for detailed eligibility criteria, outlined in Part 8 of the Motor Accident Guidelines.
Health practitioners authorised to give evidence have a duty to act in an ethical, professional and considerate manner when examining injured persons. Health practitioners authorised to give evidence must meet and continue to meet the eligibility requirements and comply with the terms of appointment.
Referrals to health practitioners on SIRA’s list of health practitioners authorised to give evidence may be made by the injured person, the insurer, or their respective legal representatives (if represented). SIRA does not arrange medico-legal assessments on behalf of the parties. Whoever makes the referral is responsible for covering the cost.
Apply
To apply for initial or reappointment as a health practitioner authorised to give evidence, use the below forms:
You may wish to refer to SIRA’s guidance notes on Continuing professional development and Recency of practice before completing the application.
Fees and invoicing
The maximum fees for medicolegal services are set out in monetary units in Schedule 2 of the Motor Accident Injuries Regulation 2017.
These fees are adjusted each year in line with inflation, as set out in Schedule 3 of the Motor Accident Injuries Regulation 2017.
The maximum fees that apply from 1 October 2022 – 30 September 2023 are as follows:
Maximum fees for medico-legal services
| Appearances as witnesses | Fees for 1 October 2021 to 30 September 2022 | Fees for 1 October 2022 to 30 September 2023 | Fees for 1 October 2023 to 30 September 2024 |
|---|---|---|---|
| Health practitioners called to give evidence other than expert evidence, per hour (or proportionately if not for a full hour) to a maximum of $1,012 | $481 | $506 | $540 |
| 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) | $1,283 | $1,350 | $1,440 |
| (b) for every full hour after the first 1.5 hours (or proportionately if not for a full hour) to a maximum of $3,848.08 | $481 | $506 | $540 |
| Travelling allowance (for travel by private motor vehicle) in connection with appearance as witness—per kilometre | $0.66 | $0.66 | $0.66 |
| Accommodation and meals in connection with appearance as witness | reasonable costs | reasonable costs | reasonable costs |
| Medical reports | Fees for 1 October 2021 to 30 September 2022 | Fees for 1 October 2022 to 30 September 2023 | Fees for 1 October 2023 to 30 September 2024 |
| Report made by a treating general practitioner: | |||
| (a) if a re-examination of the patient is not required | $401 | $422 | $450 |
| (b) if a re-examination of the patient is required | $529 | $557 | $594 |
| Report made by a treating specialist: | |||
| (a) if a re-examination of the patient is not required | $1,283 | $1,350 | $1,440 |
| (b) if a re-examination of the patient is required | $1,710 | $1,800 | $1,919 |
| 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 | $1,283 | $1,350 | $1,440 |
| (b) if an examination of the patient is required | $1,710 | $1,800 | $1,919 |
| 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 | $1,924 | $2,026 | $2,159 |
| (b) if an examination of the patient is required | $2,352 | $2,476 | $2,639 |
| Charges for copying medical reports—per page | $1 | $1 | $1 |
| Cancellation | |||
| Fee if appearance or medical report is not required | Not more than 50% of the relevant amount specified in this Table | ||
The maximum fees do not include GST, which can be added up to 10%.
The maximum fees apply to all health practitioners.
Health practitioners who are medical practitioners are bound by the maximum fees relating to medical reports and appearances as a witness.
Health practitioners other than medical practitioners are bound by the maximum fees relating to appearances as a witness. They are not bound by the maximum fees for medical reports.