Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) This section applies if a respondent—
(a) considers the respondent to be properly a respondent for a motor accident claim; or
(b) is told under section 88 (2) (b) or section 88 (4) (b) (Preliminary response to claimant) that the claimant considers the respondent is properly a respondent for a motor accident claim.
(2) The respondent must, not later than the required day, give the claimant a written notice (a "response")—
Note Required day —see s (5).
(a) stating whether the respondent is satisfied that the notice of claim is a complying notice of claim; and
Note Complying notice of claim is defined in s 76.
(b) if the respondent is not satisfied that the notice of claim is a complying notice of claim—identifying the noncompliance and stating whether the respondent waives compliance; and
(c) if the respondent does not waive compliance—allowing the claimant a reasonable period, of at least 1 month, stated in the response to—
(i) satisfy the respondent that the notice of claim is a complying notice of claim; or
(ii) take reasonable action stated in the response to remedy the noncompliance; and
(d) stating whether the insurer for the motor accident claim is prepared (without admitting liability) to meet the reasonable and appropriate costs of the claimant's rehabilitation.
Note Further provisions about rehabilitation are in pt 4.6.
(3) If the respondent does not give a response by the required day, the respondent is conclusively presumed to be satisfied that the notice of claim is a complying notice of claim.
(4) If subsection (2) (c) applies, the respondent must, not later than 1 month after the day the period stated in the response ends, give the claimant a written notice stating that the respondent—
(a) is satisfied the notice of claim is a complying notice of claim requirements, is satisfied with the action taken by the claimant to remedy the noncompliance, or waives the noncompliance; or
(b) is not satisfied that the claimant has taken reasonable action to remedy the noncompliance, and giving full particulars of the noncompliance and the claimant's failure to remedy it.
(5) In this section:
"required day" means—
(a) if the respondent responds directly to the claimant under this section as mentioned in section 88 (1) (a)—the day applying under section 88 (1); and
(b) in any other case—the later of the following:
(i) if the respondent gives notice to the claimant under section 88 (3) (a)—1 month after the day the respondent is given the further information under section 88 (2) (a);
(ii) if the claimant tells the respondent under section 88 (2) (b) or section 88 (4) (b) that the claimant considers the respondent is properly a respondent for the motor accident claim—1 month after the day the claimant tells the respondent under that paragraph.