Document ID: chunk:federal_register_of_legislation:C2004A01310:clause:4_27b
Version: federal_register_of_legislation:C2004A01310
Segment Type: clause
Provision Reference: sch 4 cl 27B
Character Range: 76102–77787

27B  The HIC may request information

 (1) If the HIC believes that a person is capable of giving information that is relevant to determining:
 (a) whether an MDO or insurer is entitled to a payment under the IBNR Claims Protocol; or
 (b) the amount that is payable to an MDO or insurer under the IBNR Claims Protocol;
the HIC may request the person to give the HIC the information.

Note: Failure to comply with the request is an offence (see section 45).

 (2) Without limiting subsection (1), any of the following persons may be requested to give information under that subsection:
 (a) an MDO;
 (b) an insurer;
 (c) a member or former member of an MDO;
 (d) a person who practises, or used to practise, a medical profession;
 (e) a person who is acting, or has acted, on behalf of a person covered by paragraph (d);
 (f) a legal personal representative of a person covered by paragraph (c), (d) or (e).

 (3) Without limiting subsection (1), if the information sought by the HIC is information relating to a matter in relation to which a person is required by section 39 to keep a record, the HIC may request the person to give the information by giving the HIC the record, or a copy of the record.

 (4) The request:
 (a) must be made in writing; and
 (b) must state what information must be given to the HIC; and
 (c) may require the information to be verified by statutory declaration; and
 (d) must specify a day on or before which the information must be given; and
 (e) must contain a statement to the effect that a failure to comply with the request is an offence.
The day specified under paragraph (d) must be at least 28 days after the day on which the request was made.