On 1 July 2014, the following regulations governing personal injury claims came into effect.
- Civil Liability Regulation 2014 (Qld) (superseding the previous Civil Liability Regulation 2003 (Qld)); and
- Personal Injuries Proceedings Regulation 2014 (Qld) (PIPR) (superseding the previous Personal Injuries Proceedings Regulation 2002 (Qld)).
While the new Regulations are substantially the same as their predecessors, we provide a brief summary of the key differences to be aware of.
Civil Liability Regulation 2014 (Qld)
- The prescribed persons and entities protected against liability by virtue of s26(1)(a) and s27(1) Civil Liability Act 2003 (Qld) has been expanded to include:
- The Royal Flying Doctors Services Queensland;
- North Queensland Helicopter Rescue Service.
Pursuant to Schedule 1 and Schedule 2, Civil Liability Regulation 2014 (Qld), civil liability cannot be found against the above entities that provide services to enhance public safety (or persons performing duties to enhance public safety for these entities) for acts or omissions committed in the course of providing first aid or other assistance in good faith and without reckless disregard to persons in distress in an emergency.
- The general damages calculation provisions are now located in Schedule 7, which includes the method to work out general damages for injuries sustained in each financial year since the commencement of the Civil Liability Act 2003 (Qld).
- The lower offer limit, upper offer limit and declared cost limit from 1 July 2014 are specified as follows:-
- Lower offer limit - $41,990.00;
- Upper offer limit - $70,010.00;
- Declared cost limit - $3,510.00.
Personal Injuries Proceedings Regulation 2014 (Qld) (‘PIPR’)
- Pursuant to s3(7) PIPR, in loss of dependency claims, the Notice of Claim must specify whether the Claimant and each dependent is married, in registered relationship or in a defacto relationship. If the Claimant was the partner of the deceased, whichever of the following that applies to the relationship with the deceased must be supplied:
- the date of marriage;
- the date of registration of the relationship; or
- the Claimant and deceased commenced living together in a defacto relationship.
- Pursuant to s3(8) PIPR, in medical negligence claims, the Notice of Claim Form must include details regarding complaints made to the Health Ombudsman under the Health Ombudsman Act 2013 about a person alleged to have caused the personal injury. These details include:-
- The date the complaint was made;
- If the complaint was finalised, how the complaint was dealt with under the relevant Act and the date the complaint was finalised.
- The entities defined as community legal services for the purposes of s 67A Personal Injuries Proceedings Act 2002 (Qld) have been removed as they are now defined in the Legal Profession Act 2007 (Qld), Schedule 2.
- As above, the Personal Injuries Proceedings Regulation 2014 also includes the updated upper offer limit, lower offer limit and declared cost limit.
To access the Civil Liability Regulation 2014 (Qld) please click here.
To access the Personal Injuries Proceedings Regulation 2014 (Qld) please click here.