Civil Law (Wrongs) Regulation 2003 (ACT)

Civil Law (Wrongs) Regulation 2003   

SL2003-20

made under the

Civil Law (Wrongs) Act 2002

Republication No 15

Effective:  18 September 2024

Republication date: 18 September 2024

Last amendment made by A2024‑49

About this republication

The republished law

This is a republication of the Civil Law (Wrongs) Regulation 2003, made under the Civil Law (Wrongs) Act 2002 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 18 September 2024.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 18 September 2024. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Civil Law (Wrongs) Regulation 2003

made under the

Civil Law (Wrongs) Act 2002

Contents

Page

Part 1      Preliminary

1            Name of regulation  2

2            Dictionary  2

3            Notes  2

Part 2      Personal injuries claims—pre‑court procedures

4            Information in notice of claim—Act, s 51 (2) (a)  3

5            Records respondent to be authorised to access etc—Act, s 51 (2) (b)      6

6            Documents to accompany notice of claim—Act, s 51 (2) (c)                 7

6A          Reasonable excuse for delay in giving notice—Act, s 51 (6)                 7

7           Claimant adds later respondent—period to tell other respondents—Act, s 55 (3) (b)    7

8            Respondent adds contributor—period to give copy of contribution notice to other parties—Act, s 57 (5)  8

9            Contributor’s response—prescribed information and documents—Act, s 58 (1) (a)      8

Part 3      Other matters

10          Limitation amount—Act, s 144, def limitation amount  9

11          Certificate that claim or defence has reasonable prospects of success—Act, s 188 (4)  9

13          Notification of limitation of liability—Act, sch 4, s 4.29  9

Dictionary10

Endnotes

1            About the endnotes  11

2            Abbreviation key  11

3            Legislation history  12

4            Amendment history  15

5            Earlier republications  18

6            Renumbered provisions  19

Civil Law (Wrongs) Regulation 2003

made under the

Civil Law (Wrongs) Act 2002

Part 1Preliminary

1. Name of regulation

   This regulation is the Civil Law (Wrongs) Regulation 2003.

2. Dictionary

   The dictionary at the end of this regulation is part of this regulation.

   Note 1The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.

   For example, the signpost definition ‘health service—see the Human Rights Commission Act 2005, section 7 (1) and (3) (a).’ means that the term ‘health service’ is defined in that section and the definition applies to this regulation.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this regulation is explanatory and is not part of this regulation.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2Personal injuries claims—pre‑court procedures

1. Information in notice of claim—Act, s 51 (2) (a)

   (1)A notice of claim must contain a statement of the information required under subsections (2) to (8) or information that substantially complies with those subsections.

   (2)The following information about the injured person is required:

   (a)the person’s full name and home address;

   (b)any other name by which the person is, or has been, known;

   (c)the person’s date of birth.

   (3)The following information about the accident claimed to have given rise to the personal injury to which the claim relates is required:

   (a)the date, time and place of the accident;

   (b)details of how the accident happened;

   (c)if appropriate, a diagram showing, to the best of the claimant’s knowledge, the scene of the accident;

   (d)if known that the police, ambulance, fire and rescue service or any other emergency service attended the accident—

   (i)that fact; and

   (ii)if known, the name of the service or services that attended the accident; and

   (iii)if known, the name and contact details of the person or people who attended the accident for the service;

   (e)if known, the name, address and telephone number of anyone who has given a witness statement;

   (f)if known, the name, address and telephone number of the person or people (if any) who were, in the claimant’s opinion, responsible for causing the accident (apart from the respondent);

   (g)if a seatbelt or helmet was required under the Road Transport (Safety and Traffic Management) Act 1999—whether it was being worn as required when the accident happened;

   (4)The following information about the nature and treatment of the injured person’s personal injury is required:

   (a)a description of the injury suffered;

   (b)if the injured person was or is hospitalised for treatment of the injury—the name of the hospital;

   (c)if the injured person received or is receiving medical treatment for the injury—

   (i)the general nature of the treatment; and

   (ii)the name and address of the treatment provider or providers; and

   (iii)the date of the person’s first examination by a doctor.

   (5)The date the claimant first consulted a lawyer about the possibility of making a claim and identified the respondent is required.

   (6)If damages for economic loss are claimed, the following information relevant to economic loss is required:

   (a)if the injured person was employed or self-employed at the time of the accident—details of the employment or self-employment;

   (b)if the employment or self-employment has changed since the accident—

   (i)how it has changed; and

   (ii)an assessment, as far as possible, of the economic loss suffered from the change.

   (7)If the claimant is entitled to payment under a statutory scheme because of the accident, details of the entitlement are required.

   (8)If the claim is against a health service provider, the following information is also required:

   (a)a description of the medical condition for which the injured person sought treatment;

   (b)the act or omission claimed to have given rise to the personal injury or to have exacerbated a pre-existing injury or condition;

   (c)if the claim relates to or includes a claimed failure of the health service provider to adequately inform the injured person of the risks involved in the treatment sought—

   (i)the date, time and place of each consultation with the health service provider at which information about the risks could have been given; and

   (ii)if any written or oral information or warning was given to the injured person by the health service provider about the treatment—

   (A)the date and place the information or warning was given; and

   (B)details of the information or warning including what the injured person was informed or warned about;

   (d)if written or oral consent was given by the injured person to the health service provider about the treatment claimed to have given rise to the personal injury—the date and place the consent was given.

2. Records respondent to be authorised to access etc—Act, s 51 (2) (b)

   (1)The notice of claim must authorise the respondent and the respondent’s insurer for the claim (if any) to have access to the following records and sources of information relevant to the claim:

   (a)if the personal injury exacerbated a pre-existing injury or condition—clinical notes in the possession of a health service provider who treated or assessed the injured person for the pre-existing injury or condition;

   (b)clinical notes in the possession of a hospital (including a private hospital) where the injured person received treatment relevant to the personal injury;

   (c)records in the possession of an ambulance or other emergency service that treated or assisted the injured person in relation to the personal injury;

   (d)clinical notes in the possession of a health service provider who treated or assessed the injured person in relation to the personal injury;

   (e)wage, leave and work history records in the possession of—

   (i)the injured person’s employer; or

   (ii)anyone else who employed the injured person at any time during the 3 years before the accident.

   (2)The respondent and the respondent’s insurer (if any) must not use records and sources of information accessed under subsection (1) otherwise than for a purpose related to the claim.

3. Documents to accompany notice of claim—Act, s 51 (2) (c)

   The notice of claim must be accompanied by the following documents:

   (a)for a claim other than a claim against a health service provider—a copy of any certificate signed by a doctor relevant to the personal injury to which the claim relates that is in the claimant’s possession;

   (b)for a claim against a health service provider—a copy of any advice or warnings given to the injured person by the health service provider about the treatment claimed to have given rise to the personal injury that is in the claimant’s possession;

   (c)for a claim against a health service provider—a copy of any consent given to the health service provider by the injured person about the treatment claimed to have given rise to the personal injury that is in the claimant’s possession;

   (d)a copy of any other document on which the claimant currently expects to rely for the claim that is in the claimant’s possession.

6AReasonable excuse for delay in giving notice—Act, s 51 (6)

If a claimant does not give notice under the Act, section 51 within the period required under the Act, section 51 (3) because the claim is being conciliated under the Human Rights Commission Act 2005, part 4 the claimant has a reasonable excuse for the delay.

1. Claimant adds later respondent—period to tell other respondents—Act, s 55 (3) (b)

   The period prescribed is 1 month after the day the claimant adds the later respondent.

2. Respondent adds contributor—period to give copy of contribution notice to other parties—Act, s 57 (5)

   The period prescribed is 1 month after the day the respondent adds someone else as a contributor.

3. Contributor’s response—prescribed information and documents—Act, s 58 (1) (a)

   (1)The contributor’s response must contain the following information:

   (a)the contributor’s full name;

   (b)the contributor’s postal address and daytime telephone number, or, if the contributor is represented by a lawyer, the name and contact details of the lawyer;

   (c)if the contributor is a corporation—

   (i)the corporation’s ACN (if any); and

   (ii)the address of the corporation’s registered office (if any).

   (2)The contributor’s response must be accompanied by a copy of any document relevant to the claim that is in the contributor’s possession (and not already in the respondent’s possession).

Part 3Other matters

1. Limitation amount—Act, s 144, def limitation amount

   The amount prescribed is $40.

2. Certificate that claim or defence has reasonable prospects of success—Act, s 188 (4)

   (1)The certificate must be to the following effect:

   I, [full name of lawyer] certify that I believe, on the basis of provable facts and a reasonably arguable view of the law, that this [claim OR defence] has reasonable prospects of success.

   (2)The certificate must be signed and dated by the lawyer.

3. Notification of limitation of liability—Act, sch 4, s 4.29

   (1)The following statement is prescribed:

   Liability limited by a scheme approved under Professional Standards Legislation.

   (2)The statement must be printed in a size not less than the face measurement of Times New Roman typeface in 8 point.

Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     doctor

·     emergency service

·     fire and rescue service

·     lawyer

·     writing.

Note 3Terms used in this regulation have the same meaning that they have in the Civil Law (Wrongs) Act 2002 (see Legislation Act, s 148.) For example, the following terms are defined in the Civil Law (Wrongs) Act 2002, dict:

·     accident

·     personal injury.

APRA means the Australian Prudential Regulation Authority established under the Australian Prudential Regulation Authority Act 1998 (Cwlth), section 7.

health service—see the Human Rights Commission Act 2005, section 7 (1) and (3) (a).

provider—see the Human Rights Commission Act 2005, section 10.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   This regulation was originally the Civil Law (Wrongs) Regulations 2003.  It was renamed under the Legislation Act 2001.

   Civil Law (Wrongs) Regulation 2003 SL2003-20

   notified LR 30 June 2003
   s 1, s 2 commenced 30 June 2003 (LA s 75 (1))

   remainder commenced 1 July 2003 (s 2)

   as amended by

   Civil Law (Wrongs) Amendment Regulations 2004 (No 1) SL2004-8

   notified LR 2 March 2004
   s 1, s 2 commenced 2 March 2004 (LA s 75 (1))

   remainder commenced 3 March 2004 (s 2)

   Justice and Community Safety Legislation Amendment Act 2004 (No 2) A2004-32 pt 6

   notified LR 29 June 2004
   s 1, s 2 commenced 29 June 2004 (LA s 75 (1))

   pt 6 commenced 13 July 2004 (s 2 (3))

   Human Rights Commission Legislation Amendment Act 2005
   A2005‑41

   sch 1 pt 1.1 (as am by A2006‑3 amdt 1.3)

   notified LR 1 September 2005
   s 1, s 2 commenced 1 September 2005 (LA s 75 (1))

   
   
   sch 1 pt 1.1 commenced 1 November 2006 (s 2 (3) (as am by A2006‑3 amdt 1.3) and see Human Rights Commission Act 2005 A2005-40, s 2 (as am by A2006‑3 s 4) and CN2006-21)

   Justice and Community Safety Legislation Amendment Act 2005 (No 3) A2005-43 sch 1 pt 1.3

   notified LR 30 August 2005
   s 1, s 2 commenced 30 August 2005 (LA s 75 (1))

   
   
   sch 1 pt 1.3 commenced 1 October 2005 (s 2 (3) and CN2005-18)

   Human Rights Commission Legislation Amendment Act 2006 A2006‑3 amdt 1.3

   notified LR 22 February 2006
   s 1, s 2 commenced 22 February 2006 (LA s 75 (1))
   amdt 1.3 commenced 23 February 2006 (s 2)

   NoteThis Act only amends the Human Rights Commission Legislation Amendment Act 2005 A2005-41

   Civil Law (Wrongs) Amendment Regulation 2007 (No 1) SL2007-25

   notified LR 17 September 2007
   s 1, s 2 commenced 17 September 2007 (LA s 75 (1))
   remainder commenced 29 October 2007 (s 2)

   Justice and Community Safety Legislation Amendment Act 2008 A2008-7 sch 1 pt 1.6

   notified LR 16 April 2008
   s 1, s 2 commenced 16 April 2008 (LA s 75 (1))

   sch 1 pt 1.6 commenced 7 May 2008 (s 2)

   Civil Law (Wrongs) Amendment Regulation 2012 (No 1) SL2012-14

   notified LR 26 April 2012
   s 1, s 2 commenced 26 April 2012 (LA s 75 (1))
   remainder commenced 27 April 2012 (s 2)

   Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.3

   notified LR 22 May 2012
   s 1, s 2 commenced 22 May 2012 (LA s 75 (1))

   sch 3 pt 3.3 commenced 5 June 2012 (s 2 (2))

   Emergencies Amendment Act 2016 A2016‑33 sch 1 pt 1.2

   notified LR 20 June 2016
   s 1, s 2 commenced 20 June 2016 (LA s 75 (1))

   sch 1 pt 1.2 commenced 21 June 2016 (s 2)

   Justice and Community Safety Legislation Amendment Act 2016 A2016‑37 sch 1 pt 1.5

   notified LR 22 June 2016
   s 1, s 2 commenced 22 June 2016 (LA s 75 (1))

   sch 1 pt 1.5 commenced 29 June 2016 (s 2)

   Justice and Community Safety Legislation Amendment Act 2024 A2024-49 pt 3

   notified LR 17 September 2024
   s 1, s 2 taken to have commenced 11 June 2024 (LA s 75 (2))
   pt 3 commenced 18 September 2024 (s 2 (4))

2. Amendment history

   Preliminary

   pt 1 hdgins SL2004‑8 s 4

   Name of regulation

   s 1am R4 LA

   Dictionary

   s 2orig s 2 om LA s 89 (4)

   (prev s 3) renum R2 LA (see SL2004‑8 s 10)

   am A2005‑41 amdt 1.1

   Notes

   s 3orig s 3 renum as s 2

   (prev s 4) renum R2 LA (see SL2004‑8 s 10)

   Personal injuries claims—pre‑court procedures

   pt 2 hdgins SL2004‑8 s 5

   Information in notice of claim—Act, s 51 (2) (a)

   s 4orig s 4 renum as s 3

   (prev s 4A) ins SL2004‑8 s 5

   renum R2 LA (see SL2004‑8 s 10)

   am A2012‑21 amdt 3.6; A2016‑33 amdt 1.5

   Information in notice of claim—Act, s 51 (2) (a)

   s 4Arenum as s 4

   Records respondent to be authorised to access etc—Act, s 51 (2) (b)

   s 4Brenum as s 5

   Documents to accompany notice of claim—Act, s 51 (2) (c)

   s 4Crenum as s 6

   Claimant may add later respondents—prescribed times—Act, s 55 (2) (a)

   
   

   and (3) (b)

   s 4Drenum as s 7

   Respondent may add someone else as contributor—prescribed times—Act, s 57 (1) and (3)

   s 4Erenum as s 8

   Contributor’s response—prescribed information and documents—Act, s 58 (1) (a)

   s 4Frenum as s 9

   Records respondent to be authorised to access etc—Act, s 51 (2) (b)

   s 5orig s 5 renum as s 10

   (prev s 4B) ins SL2004‑8 s 5

   renum R2 LA (see SL2004‑8 s 10)

   Certificate that claim or defence has reasonable prospects of success—Act, s 188 (4)

   s 5Arenum as s 11

   Documents to accompany notice of claim—Act, s 51 (2) (c)

   s 6orig s 6 renum as s 12

   (prev s 4C) ins SL2004‑8 s 5

   renum R2 LA (see SL2004‑8 s 10)

   Reasonable excuse for delay in giving notice—Act, s 51 (6)

   s 6Ains A2005‑43 amdt 1.10

   (2), (3) exp 1 November 2006 (s 6A (3))

   Claimant adds later respondent—period to tell other respondents—Act, s 55 (3) (b)

   s 7orig s 7 renum as s 13

   (prev s 4D) ins SL2004‑8 s 5

   renum R2 LA (see SL2004‑8 s 10)

   sub A2024-49 s 10

   Respondent adds contributor—period to give copy of contribution notice to other parties—Act, s 57 (5)

   s 8(prev s 4E) ins SL2004‑8 s 5

   renum R2 LA (see SL2004‑8 s 10)

   sub A2024-49 s 10

   Contributor’s response—prescribed information and documents—Act, s 58 (1) (a)

   s 9(prev s 4F) ins SL2004‑8 s 5

   renum R2 LA (see SL2004‑8 s 10)

   Other matters

   pt 3 hdgins SL2004‑8 s 6

   Limitation amount—Act, s 144, def limitation amount

   s 10(prev s 5) renum R2 LA (see SL2004‑8 s 10)

   Certificate that claim or defence has reasonable prospects of success—Act, s 188 (4)

   s 11(prev s 5A) ins SL2004‑8 s 7

   renum R2 LA (see SL2004‑8 s 10)

   Insurers reporting requirements—Act, s 203

   s 12(prev s 6) renum R2 LA (see SL2004‑8 s 10)

   om A2016‑37 amdt 1.16

   Disclosure of confidential information in general reports—Act, s 204 (4) (f)

   s 12Ains SL2012‑14 s 4

   om A2016‑37 amdt 1.16

   Notification of limitation of liability—Act, sch 4, s 4.29

   s 13(prev s 7) ins SL2004‑8 s 8

   renum R2 LA (see SL2004‑8 s 10)

   om A2004‑32 s 68

   ins SL2007‑25 s 4

   am A2008‑7 amdt 1.44

   Dictionary

   dictam A2012‑21 amdt 3.7; A2016‑33 amdt 1.6

   def health service ins SL2004‑8 s 9

   sub A2005‑41 amdt 1.2

   def provider ins SL2004‑8 s 9

   sub A2005‑41 amdt 1.2

1. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 1 July 2003	1 July 2003– 2 Mar 2004	not amended	new regulation
R2 3 Mar 2004	3 Mar 2004– 12 July 2004	SL2004‑8	amendments by SL2004‑8 and general renumbering
R3 13 July 2004	13 July 2004– 2 Nov 2004	A2004‑32	amendments by A2004‑32
R4 3 Nov 2004	3 Nov 2004– 30 Sept 2005	A2004‑32	includes editorial amendments under Legislation Act
R5 1 Oct 2005	1 Oct 2005– 22 Feb 2006	A2005‑43	amendments by A2005‑43
R6 23 Feb 2006	23 Feb 2006– 31 Oct 2006	A2006‑3	updated endnotes as amended by A2006‑3
R7 1 Nov 2006	1 Nov 2006– 1 Nov 2006	A2006‑3	amendments by A2005‑41 as amended by A2006‑3
R8 2 Nov 2006	2 Nov 2006– 28 Oct 2007	A2006‑3	commenced expiry
R9 29 Oct 2007	29 Oct 2007– 6 May 2008	SL2007‑25	amendments by SL2007‑25
R10 7 May 2008	7 May 2008– 26 Apr 2012	A2008‑7	amendments by A2008‑7
R11 27 Apr 2012	27 Apr 2012– 4 June 2012	SL2012‑14	amendments by SL2012‑14
R12 5 June 2012	5 June 2012– 20 June 2016	A2012‑21	amendments by A2012‑21
R13 21 June 2016	21 June 2016– 28 June 2016	A2016‑33	amendments by A2016‑33
R14 29 June 2016	29 June 2016– 17 Sept 2024	A2016‑37	amendments by A2016‑37

1. Renumbered provisions

   This Act was renumbered under the Legislation Act 2001, in R2 (see Civil Law (Wrongs) Amendment Regulations 2004 (No 1) SL2004-8 s 10).  Details of renumbered provisions are shown in endnote 4 (Amendment history).  For a table showing the renumbered provisions, see R8.