Civil Liability and Other Legislation Amendment Regulation (No. 1) 2011 (Qld)

Queensland Civil Liability and Other Legislation Amendment Regulation (No. 1) 2011 Subordinate Legislation 2011 No. 102 made under the CivilLiabilityAct2003 PersonalInjuriesProceedingsAct2002 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 Part 3 11 12 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of Civil Liability Regulation 2003 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of s 5A (Prescribed amount of damages for loss of consortium or loss of servitium—Act, s 58) . . . . . . . . . . . . . . . . . 3 Amendment of s 6A (General damages calculation provisions—Act, s 62) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of s 6B (Prescribed amount of award for future loss—Act, s 64) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of sch 1 (Prescribed entities providing services to enhance public safety—Act, section 26(1)(a)) . . . . . . . . . . . . . . . 4 Amendment of sch 2 (Prescribed entities providing services to enhance public safety—Act, section 27(1)) . . . . . . . . . . . . . . . . . 5 Amendment of sch 4 (Ranges of injury scale values) . . . . . . . . . 5 Amendment of sch 6A (General damages calculation provisions) 6 Amendment of Personal Injuries ProceedingsRegulation 2002 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Amendment of s 6 (Notice of claim—Act, s 9) . . . . . . . . . . . . . . . 9

Civil Liability and Other Legislation Amendment Regulation (No. 1) 2011 Contents 13 Amendment of s 8 (Respondent may add another person as contributor—Act, s 16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of s 13 (Prescribed limits for particular definitions—Act, schedule). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 9 Page 2 2011 SL No. 102

Part 1 Civil Liability and Other Legislation Amendment Regulation (No. 1) 2011 Part 1 Preliminary [s 1] Preliminary 1 Short title This regulation may be cited as the Civil Liability and Other Legislation Amendment Regulation (No. 1) 2011 . 2 Commencement This regulation commences on 1 July 2011. Part 2 Amendment of Civil Liability Regulation 2003 3 Regulation amended This part amends the Civil Liability Regulation 2003. 4 Amendment of s 5A (Prescribed amount of damages for loss of consortium or loss of servitium—Act, s 58) (1) Section 5A(b), after ‘July 2010’— insert — ‘to and including 30 June 2011’. (2) Section 5A— insert — ‘(c) for an injury arising on or after 1 July 2011—$36400.’. 5 Amendment of s 6A (General damages calculation provisions—Act, s 62) (1) Section 6A(3), after ‘July 2010’— insert — 2011 SL No. 102 Page 3

Civil Liability and Other Legislation Amendment Regulation (No. 1) 2011 Part 2 Amendment of Civil Liability Regulation 2003 [s 6] ‘to and including 30 June 2011’. (2) Section 6A— insert — ‘(4) Schedule 6A, section 3 is prescribed as the general damages calculation provisions for an injury arising on or after 1 July 2011.’. 6 Amendment of s 6B (Prescribed amount of award for future loss—Act, s 64) (1) Section 6B(b), after ‘July 2010’— insert — ‘to and including 30 June 2011’. (2) Section 6B— insert — ‘(c) for an injury arising on or after 1 July 2011—$121350.’. 7 Amendment of sch 1 (Prescribed entities providing services to enhance public safety—Act, section 26(1)(a)) (1) Schedule 1, ‘CareFlight Queensland Ltd’— omit, insert — ‘CareFlight (Qld) Limited’. (2) Schedule 1, ‘established under the LocalGovernmentAct1993 ’— omit, insert — ‘under the Local Government Act 2009 ’. (3) Schedule 1, ‘Reef Helicopters Pty Ltd’— omit, insert — ‘Australian Helicopters Pty Ltd’. Page 4 2011 SL No. 102

Civil Liability and Other Legislation Amendment Regulation (No. 1) 2011 Part 2 Amendment of Civil Liability Regulation 2003 [s 8] 8 Amendment of sch 2 (Prescribed entities providing services to enhance public safety—Act, section 27(1)) (1) Schedule 2, ‘CareFlight Queensland Ltd’— omit, insert — ‘CareFlight (Qld) Limited’. (2) Schedule 2, ‘established under the LocalGovernmentAct1993 ’— omit, insert — ‘under the Local Government Act 2009’. (3) Schedule 2, ‘Reef Helicopters Pty Ltd’— omit, insert — ‘Australian Helicopters Pty Ltd’. 9 Amendment of sch 4 (Ranges of injury scale values) (1) Schedule 4, part 5, division 4, before item 49— insert — ‘48 Impotence and sterility Additional examples of factors affecting ISV assessment 5 to 37 • Age • Whether the injured person has children • Whether the injured person intended to have children or more children Comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if the sterility has little impact. 2011 SL No. 102 Page 5

Civil Liability and Other Legislation Amendment Regulation (No. 1) 2011 Part 2 Amendment of Civil Liability Regulation 2003 [s 10] • An ISV in the lower half of the range will be appropriate if an injured person with children may have intended to have more children and has uncomplicated sterility, without impotence or any aggravating features. • An ISV in the upper half of the range will be appropriate if a young injured person without children has uncomplicated sterility, without impotence or any aggravating features. • An ISV at or near the middle of the range will be appropriate if a middle-aged injured person with children has sterility and permanent impotence. • An ISV at or near the top of the range will be appropriate if a young injured person has total impotence and loss of sexual function and sterility.’. (2) Schedule 4, part 6, division 14, before item 147— insert — ‘Subdivision 2 Other foot injuries’. 10 Amendment of sch 6A (General damages calculation provisions) (1) Schedule 6A, section 2, heading, after ‘2010’— insert — ‘ to 30 June 2011 ’. (2) Schedule 6A, section 2, before ‘as follows’— Page 6 2011 SL No. 102

Civil Liability and Other Legislation Amendment Regulation (No. 1) 2011 Part 2 Amendment of Civil Liability Regulation 2003 [s 10] insert — ‘to and including 30 June 2011’. (3) Schedule 6A— insert — ‘3 General damages calculation provisions—1 July 2011 ‘The general damages must be calculated for an injury arising on or after 1 July 2011 as follows— (a) if the injury scale value of the injury is assessed as 5 or less—by multiplying the injury scale value by $1220; (b) if the injury scale value of the injury is assessed as 10 or less but more than 5—by adding to $6100 an amount calculated by multiplying the number by which the injury scale value exceeds 5 by $1450; (c) if the injury scale value of the injury is assessed as 15 or less but more than 10—by adding to $13350 an amount calculated by multiplying the number by which the injury scale value exceeds 10 by $1700; (d) if the injury scale value of the injury is assessed as 20 or less but more than 15—by adding to $21850 an amount calculated by multiplying the number by which the injury scale value exceeds 15 by $1940; (e) if the injury scale value of the injury is assessed as 25 or less but more than 20—by adding to $31550 an amount calculated by multiplying the number by which the injury scale value exceeds 20 by $2180; (f) if the injury scale value of the injury is assessed as 30 or less but more than 25—by adding to $42450 an amount calculated by multiplying the number by which the injury scale value exceeds 25 by $2430; (g) if the injury scale value of the injury is assessed as 35 or less but more than 30—by adding to $54600 an amount calculated by multiplying the number by which the injury scale value exceeds 30 by $2670; 2011 SL No. 102 Page 7

Civil Liability and Other Legislation Amendment Regulation (No. 1) 2011 Part 2 Amendment of Civil Liability Regulation 2003 [s 10] (h) if the injury scale value of the injury is assessed as 40 or less but more than 35—by adding to $67950 an amount calculated by multiplying the number by which the injury scale value exceeds 35 by $2920; (i) if the injury scale value of the injury is assessed as 50 or less but more than 40—by adding to $82550 an amount calculated by multiplying the number by which the injury scale value exceeds 40 by $3130; (j) if the injury scale value of the injury is assessed as 60 or less but more than 50—by adding to $113850 an amount calculated by multiplying the number by which the injury scale value exceeds 50 by $3350; (k) if the injury scale value of the injury is assessed as 70 or less but more than 60—by adding to $147350 an amount calculated by multiplying the number by which the injury scale value exceeds 60 by $3560; (l) if the injury scale value of the injury is assessed as 80 or less but more than 70—by adding to $182950 an amount calculated by multiplying the number by which the injury scale value exceeds 70 by $3790; (m) if the injury scale value of the injury is assessed as 90 or less but more than 80—by adding to $220850 an amount calculated by multiplying the number by which the injury scale value exceeds 80 by $4010; (n) if the injury scale value of the injury is assessed as 100 or less but more than 90—by adding to $260950 an amount calculated by multiplying the number by which the injury scale value exceeds 90 by $4240.’. Page 8 2011 SL No. 102

Part 3 Civil Liability and Other Legislation Amendment Regulation (No. 1) 2011 Part 3 Amendment of Personal Injuries Proceedings Regulation 2002 [s 11] Amendment of Personal Injuries Proceedings Regulation 2002 11 Regulation amended This part amends the PersonalInjuriesProceedingsRegulation 2002. 12 Amendment of s 6 (Notice of claim—Act, s 9) Section 6(a), ‘or’— omit . 13 Amendment of s 8 (Respondent may add another person as contributor—Act, s 16) Section 8, heading, ‘another’— omit, insert — ‘ other ’. 14 Amendment of s 13 (Prescribed limits for particular definitions—Act, schedule) (1) Section 13(1)(b), after ‘July 2010’— insert — ‘to and including 30 June 2011’. (2) Section 13(1)— insert — ‘(c) for an injury arising on and from 1 July 2011—$3040.’. (3) Section 13(2)(b), after ‘July 2010’— insert — ‘to and including 30 June 2011’. 2011 SL No. 102 Page 9

Civil Liability and Other Legislation Amendment Regulation (No. 1) 2011 Part 3 Amendment of Personal Injuries Proceedings Regulation 2002 [s 14] (4) Section 13(2)— insert — ‘(c) for an injury arising on and from 1 July 2011—$36400.’. (5) Section 13(3)(b), after ‘July 2010’— insert — ‘to and including 30 June 2011’. (6) Section 13(3)— insert — ‘(c) for an injury arising on and from 1 July 2011—$60670.’. ENDNOTES 1 Made by the Governor in Council on 23 June 2011. 2 Notified in the gazette on 24 June 2011. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Justice and Attorney-General. © State of Queensland 2011 Page 10 2011 SL No. 102