In Queensland personal injury claims, one of the most effective tools available to respondents is the section 22 request for information under the Personal Injuries Proceedings Act 2002 (Qld) (PIPA).
When used strategically, a well-crafted section 22 request can fundamentally alter the trajectory of a claim as it can expose weaknesses in causation, quantum and credibility. It can force claimants to commit to a version of events early and in some cases, can result in a claim being withdrawn long before the parties incur the expense of expert evidence, compulsory conferences or litigation.
What is a Section 22 request under PIPA?
Section 22 requires a claimant to provide information and documents reasonably requested by a respondent about matters including:
- the incident itself
- the nature of the alleged injuries
- treatment and rehabilitation
- relevant medical history
- previous personal injury claims and
- claims for economic loss, care and assistance and other heads of damage.
The claimant must respond within one month of receiving the request and, if demanded, must provide a response by way of statutory declaration to formally verify the accuracy of their answers.
Why Section 22 requests are effective in personal injury claims
A section 22 request can often be dismissed as little more than a mechanism for obtaining additional information however its real strength is in its ability to test the legitimacy and viability of a claim, often before significant costs are incurred.
It is not uncommon for the claimant's version of events to change materially during the life of a claim and to protect the insurer’s interests, a carefully drafted request can:
- lock a claimant into a factual version of events
- identify inconsistencies between the Notice of Claim and later evidence
- test whether alleged injuries are genuinely related to the incident
- open further avenues of enquiry to assist the defence of a claim
- expose pre-existing conditions
- reveal undisclosed prior claims
- challenge economic loss allegations and
- require claimants to properly articulate aspects of their claim that may otherwise remain vague.
A generic section 22 request will usually generate generic responses, but effective requests are tailored to particular weaknesses, gaps or anomalies already identified in the claim.
Effective use of a Section 22 request
The most effective section 22 requests tend to share several characteristics.
Send the request early.
Do not wait until a compulsory conference to investigate concerns that are already apparent from the Notice of Claim.
Be strategic.
Ask questions that address identified issues rather than simply working through a standard checklist.
Be specific.
Specific questions are harder to avoid and are more likely to produce useful admissions.
Always require responses to be provided by way of statutory declaration.
This obliges the claimant to certify their responses as true and correct; knowingly making false statements in a statutory declaration is a criminal offence.
Follow up.
Incomplete or evasive answers can be almost as valuable as complete answers as they often indicate areas warranting further investigation.
Conclusion
For insurers and respondents seeking faster, more efficient claims outcomes, the strategic use of section 22 is not simply good practice but provides an opportunity to resolve matters earlier. A well-targeted request can expose credibility issues and, with respect to liability deficiencies, it can be the difference between defending a claim for years and seeing it quietly withdrawn before it gains momentum.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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