Civil Liability and Other Legislation Amendment Regulation (No. 1) 2012 (Qld)

Queensland Civil Liability and Other Legislation Amendment Regulation (No. 1) 2012 Subordinate Legislation 2012 No. 72 made under the Civil Liability Act 2003 Personal Injuries Proceedings Act 2002 Workers’ Compensation and Rehabilitation Act 2003 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 Part 3 9 10 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 4 (Ranges of injury scale values) . . . . . . . . . 4 Amendment of sch 6A (General damages calculation provisions) 4 Amendment of Personal Injuries Proceedings Regulation2002 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Amendment of s 13 (Prescribed limits for particular definitions—Act, schedule). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Civil Liability and Other Legislation Amendment Regulation (No. 1) 2012 Contents Part 4 11 12 13 14 15 Amendment of the Workers’ Compensation andRehabilitation Regulation 2003 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 112C (Prescribed amount of damages for loss of consortium or loss of servitium—Act, s 306M). . . . . . . . . . . . . . . Amendment of s 112E (General damages calculation provisions—Act, s 306P) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 112F (Prescribed amount of award for future loss—Act, s 306R) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 12 (General damages calculation provisions) 8 8 8 9 9 Page 2 2012 SL No. 72

Part 1 Civil Liability and Other Legislation Amendment Regulation (No. ..) 2012 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) 2012 . 2 Commencement This regulation commences on 1 July 2012. 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(c), after ‘1 July 2011’— insert— ‘to and including 30 June 2012’. (2) Section 5A— insert— ‘(d) for an injury arising on or after 1 July 2012—$38390.’. 5 Amendment of s 6A (General damages calculation provisions—Act, s 62) (1) Section 6A(4), after ‘1 July 2011’— insert— 2012 SL No. 72 Page 3

Civil Liability and Other Legislation Amendment Regulation (No. ..) 2012 Part 2 Amendment of Civil Liability Regulation 2003 [s 6] ‘to and including 30 June 2012’. (2) Section 6A— insert— ‘(5) Schedule 6A, section 4 is prescribed as the general damages calculation provisions for an injury arising on or after 1 July 2012.’. 6 Amendment of s 6B (Prescribed amount of award for future loss—Act, s 64) (1) Section 6B(c), after ‘1 July 2011’— insert— ‘to and including 30 June 2012’. (2) Section 6B— insert — ‘(d) for an injury arising on or after 1 July 2012—$128000.’. 7 Amendment of sch 4 (Ranges of injury scale values) Schedule 4, part 1— insert— ‘3.1 Complete or nearly complete 60 to 80 paralysis 3.2 Other paralysis, causing whole 45 to 60’. person impairment of at least 40% 8 Amendment of sch 6A (General damages calculation provisions) (1) Schedule 6A, section 3, heading, after ‘1 July 2011’— insert— ‘ to 30 June 2012 ’. Page 4 2012 SL No. 72

Civil Liability and Other Legislation Amendment Regulation (No. ..) 2012 Part 2 Amendment of Civil Liability Regulation 2003 [s 8] (2) Schedule 6A, section 3, before ‘as follows’— insert— ‘to and including 30 June 2012’. (3) Schedule 6A— insert— ‘4 General damages calculation provisions—1 July 2012 ‘The general damages must be calculated for an injury arising on or after 1 July 2012 as follows— (a) if the injury scale value of the injury is assessed as 5 or less—by multiplying the injury scale value by $1290; (b) if the injury scale value of the injury is assessed as 10 or less but more than 5—by adding to $6450 an amount calculated by multiplying the number by which the injury scale value exceeds 5 by $1530; (c) if the injury scale value of the injury is assessed as 15 or less but more than 10—by adding to $14100 an amount calculated by multiplying the number by which the injury scale value exceeds 10 by $1790; (d) if the injury scale value of the injury is assessed as 20 or less but more than 15—by adding to $23050 an amount calculated by multiplying the number by which the injury scale value exceeds 15 by $2050; (e) if the injury scale value of the injury is assessed as 25 or less but more than 20—by adding to $33300 an amount calculated by multiplying the number by which the injury scale value exceeds 20 by $2300; (f) if the injury scale value of the injury is assessed as 30 or less but more than 25—by adding to $44800 an amount calculated by multiplying the number by which the injury scale value exceeds 25 by $2560; (g) if the injury scale value of the injury is assessed as 35 or less but more than 30—by adding to $57600 an amount calculated by multiplying the number by which the injury scale value exceeds 30 by $2820; 2012 SL No. 72 Page 5

Civil Liability and Other Legislation Amendment Regulation (No. ..) 2012 Part 2 Amendment of Civil Liability Regulation 2003 [s 8] (h) if the injury scale value of the injury is assessed as 40 or less but more than 35—by adding to $71700 an amount calculated by multiplying the number by which the injury scale value exceeds 35 by $3080; (i) if the injury scale value of the injury is assessed as 50 or less but more than 40—by adding to $87100 an amount calculated by multiplying the number by which the injury scale value exceeds 40 by $3300; (j) if the injury scale value of the injury is assessed as 60 or less but more than 50—by adding to $120100 an amount calculated by multiplying the number by which the injury scale value exceeds 50 by $3530; (k) if the injury scale value of the injury is assessed as 70 or less but more than 60—by adding to $155400 an amount calculated by multiplying the number by which the injury scale value exceeds 60 by $3760; (l) if the injury scale value of the injury is assessed as 80 or less but more than 70—by adding to $193000 an amount calculated by multiplying the number by which the injury scale value exceeds 70 by $4000; (m) if the injury scale value of the injury is assessed as 90 or less but more than 80—by adding to $233000 an amount calculated by multiplying the number by which the injury scale value exceeds 80 by $4230; (n) if the injury scale value of the injury is assessed as 100 or less but more than 90—by adding to $275300 an amount calculated by multiplying the number by which the injury scale value exceeds 90 by $4470.’. Page 6 2012 SL No. 72

Part 3 Civil Liability and Other Legislation Amendment Regulation (No. ..) 2012 Part 3 Amendment of Personal Injuries Proceedings Regulation 2002 [s 9] Amendment of Personal Injuries Proceedings Regulation 2002 9 Regulation amended This part amends the PersonalInjuriesProceedingsRegulation 2002. 10 Amendment of s 13 (Prescribed limits for particular definitions—Act, schedule) (1) Section 13(1)(c), after ‘1 July 2011’— insert — ‘to and including 30 June 2012’. (2) Section 13(1)— insert — ‘(d) for an injury arising on and from 1 July 2012—$3210.’. (3) Section 13(2)(c), after ‘1 July 2011’— insert— ‘to and including 30 June 2012’. (4) Section 13(2)— insert— ‘(d) for an injury arising on and from 1 July 2012—$38390.’. (5) Section 13(3)(c), after ‘1 July 2011’— insert — ‘to and including 30 June 2012’. (6) Section 13(3)— insert— 2012 SL No. 72 Page 7

Civil Liability and Other Legislation Amendment Regulation (No. ..) 2012 Part 4 Amendment of the Workers’ Compensation and Rehabilitation Regulation 2003 [s 11] ‘(d) for an injury arising on and from 1 July 2012—$63990.’. Part 4 Amendment of the Workers’ Compensation and Rehabilitation Regulation 2003 11 Regulation amended This part amends the Workers’CompensationandRehabilitation Regulation 2003 . 12 Amendment of s 112C (Prescribed amount of damages for loss of consortium or loss of servitium—Act, s 306M) (1) Section 112C(b), after ‘1 July 2011’— insert — ‘to and including 30 June 2012’. (2) Section 112C— insert— ‘(c) for an injury sustained on or after 1 July 2012—$38290.’. 13 Amendment of s 112E (General damages calculation provisions—Act, s 306P) (1) Section 112E(3), after ‘1 July 2011’— insert — ‘to and including 30 June 2012’. (2) Section 112E— insert— Page 8 2012 SL No. 72

Civil Liability and Other Legislation Amendment Regulation (No. ..) 2012 Part 4 Amendment of the Workers’ Compensation and Rehabilitation Regulation 2003 [s 14] ‘(4) Schedule 12, section 3 is prescribed as the general damages calculation provisions for an injury sustained on or after 1 July 2012.’. 14 Amendment of s 112F (Prescribed amount of award for future loss—Act, s 306R) (1) Section 112F(b), after ‘1 July 2011’— insert— ‘to and including 30 June 2012’. (2) Section 112F— insert— ‘(c) for an injury sustained on or after 1 July 2012—$127620.’. 15 Amendment of sch 12 (General damages calculation provisions) (1) Schedule 12, section 2, heading, after ‘1 July 2011’— insert— ‘ to 30 June 2012 ’. (2) Schedule 12, section 2, before ‘as follows’— insert — ‘to and including 30 June 2012’. (3) Schedule 12— insert— ‘3 General damages calculation provision—1 July 2012 ‘ The general damages must be calculated for an injury sustained on or after 1 July 2012 as follows— (a) if the injury scale value of the injury is assessed as 5 or less—by multiplying the injury scale value by $1270; 2012 SL No. 72 Page 9

Civil Liability and Other Legislation Amendment Regulation (No. ..) 2012 Part 4 Amendment of the Workers’ Compensation and Rehabilitation Regulation 2003 [s 15] Page 10 (b) if the injury scale value of the injury is assessed as 10 or less but more than 5—by adding to $6350 an amount calculated by multiplying the number by which the injury scale value exceeds 5 by $1530; (c) if the injury scale value of the injury is assessed as 15 or less but more than 10—by adding to $14000 an amount calculated by multiplying the number by which the injury scale value exceeds 10 by $1790; (d) if the injury scale value of the injury is assessed as 20 or less but more than 15—by adding to $22950 an amount calculated by multiplying the number by which the injury scale value exceeds 15 by $2030; (e) if the injury scale value of the injury is assessed as 25 or less but more than 20—by adding to $33100 an amount calculated by multiplying the number by which the injury scale value exceeds 20 by $2300; (f) if the injury scale value of the injury is assessed as 30 or less but more than 25—by adding to $44600 an amount calculated by multiplying the number by which the injury scale value exceeds 25 by $2560; (g) if the injury scale value of the injury is assessed as 35 or less but more than 30—by adding to $57400 an amount calculated by multiplying the number by which the injury scale value exceeds 30 by $2800; (h) if the injury scale value of the injury is assessed as 40 or less but more than 35—by adding to $71400 an amount calculated by multiplying the number by which the injury scale value exceeds 35 by $3070; (i) if the injury scale value of the injury is assessed as 50 or less but more than 40—by adding to $86750 an amount calculated by multiplying the number by which the injury scale value exceeds 40 by $3300; (j) if the injury scale value of the injury is assessed as 60 or less but more than 50—by adding to $119750 an amount calculated by multiplying the number by which the injury scale value exceeds 50 by $3520; 2012 SL No. 72

Civil Liability and Other Legislation Amendment Regulation (No. ..) 2012 Part 4 Amendment of the Workers’ Compensation and Rehabilitation Regulation 2003 [s 15] (k) if the injury scale value of the injury is assessed as 70 or less but more than 60—by adding to $154950 an amount calculated by multiplying the number by which the injury scale value exceeds 60 by $3750; (l) if the injury scale value of the injury is assessed as 80 or less but more than 70—by adding to $192450 an amount calculated by multiplying the number by which the injury scale value exceeds 70 by $3980; (m) if the injury scale value of the injury is assessed as 90 or less but more than 80—by adding to $232250 an amount calculated by multiplying the number by which the injury scale value exceeds 80 by $4210; (n) if the injury scale value of the injury is assessed as 100 or less but more than 90—by adding to $274350 an amount calculated by multiplying the number by which the injury scale value exceeds 90 by $4470.’. ENDNOTES 1 Made by the Governor in Council on 14 June 2012. 2 Notified in the gazette on 15 June 2012. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Justice and Attorney-General. © State of Queensland 2012 2012 SL No. 72 Page 11