Civil Liability and Other Legislation Amendment Regulation (No. 1) 2013 (Qld)

Queensland Civil Liability and Other Legislation Amendment Regulation (No. 1) 2013 Subordinate Legislation 2013 No. 118 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 Part 3 8 9 Part 4 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 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 Amendment of Workers’ Compensation and RehabilitationRegulation 2003 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Civil Liability and Other Legislation Amendment Regulation (No. 1) 2013 Contents 11 Amendment of s 112C (Prescribed amount of damages for loss of consortium or loss of servitium—Act, s 306M). . . . . . . . . . . . . . . 8 12 Amendment of s 112E (General damages calculation provisions—Act, s 306P) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 13 Amendment of s 112F (Prescribed amount of award for future loss—Act, s 306R) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 14 Amendment of sch 12 (General damages calculation provisions) 9 Page 2 2013 SL No. 118

Part 1 Civil Liability and Other Legislation Amendment Regulation (No. 1) 2013 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) 2013 . 2 Commencement This regulation commences on 1 July 2013. 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(d), after ‘1 July 2012’— insert— to and including 30 June 2013 (2) Section 5A— insert— (e) for an injury arising on or after 1 July 2013—$40460. 5 Amendment of s 6A (General damages calculation provisions—Act, s 62) (1) Section 6A(5), after ‘1 July 2012’— 2013 SL No. 118 Page 3

Civil Liability and Other Legislation Amendment Regulation (No. 1) 2013 Part 2 Amendment of Civil Liability Regulation 2003 [s 6] insert— to and including 30 June 2013 (2) Section 6A— insert— (6) Schedule 6A, section 5 is prescribed as the general damages calculation provisions for an injury arising on or after 1 July 2013. 6 Amendment of s 6B (Prescribed amount of award for future loss—Act, s 64) (1) Section 6B(d), after ‘1 July 2012’— insert— to and including 30 June 2013 (2) Section 6B— insert — (e) for an injury arising on or after 1 July 2013—$134910. 7 Amendment of sch 6A (General damages calculation provisions) (1) Schedule 6A, section 4, heading, after ‘1 July 2012’— insert— to 30 June 2013 (2) Schedule 6A, section 4, before ‘as follows’— insert— to and including 30 June 2013 (3) Schedule 6A— insert— Page 4 2013 SL No. 118

Civil Liability and Other Legislation Amendment Regulation (No. 1) 2013 Part 2 Amendment of Civil Liability Regulation 2003 [s 7] 5 2013 SL No. 118 General damages calculation provisions—1 July 2013 The general damages must be calculated for an injury arising on or after 1 July 2013 as follows— (a) if the injury scale value of the injury is assessed as 5 or less—by multiplying the injury scale value by $1360; (b) if the injury scale value of the injury is assessed as 10 or less but more than 5—by adding to $6800 an amount calculated by multiplying the number by which the injury scale value exceeds 5 by $1610; (c) if the injury scale value of the injury is assessed as 15 or less but more than 10—by adding to $14850 an amount calculated by multiplying the number by which the injury scale value exceeds 10 by $1890; (d) if the injury scale value of the injury is assessed as 20 or less but more than 15—by adding to $24300 an amount calculated by multiplying the number by which the injury scale value exceeds 15 by $2160; (e) if the injury scale value of the injury is assessed as 25 or less but more than 20—by adding to $35100 an amount calculated by multiplying the number by which the injury scale value exceeds 20 by $2420; (f) if the injury scale value of the injury is assessed as 30 or less but more than 25—by adding to $47200 an amount calculated by multiplying the number by which the injury scale value exceeds 25 by $2700; (g) if the injury scale value of the injury is assessed as 35 or less but more than 30—by adding to $60700 an amount calculated by Page 5

Civil Liability and Other Legislation Amendment Regulation (No. 1) 2013 Part 2 Amendment of Civil Liability Regulation 2003 [s 7] Page 6 multiplying the number by which the injury scale value exceeds 30 by $2970; (h) if the injury scale value of the injury is assessed as 40 or less but more than 35—by adding to $75550 an amount calculated by multiplying the number by which the injury scale value exceeds 35 by $3250; (i) if the injury scale value of the injury is assessed as 50 or less but more than 40—by adding to $91800 an amount calculated by multiplying the number by which the injury scale value exceeds 40 by $3480; (j) if the injury scale value of the injury is assessed as 60 or less but more than 50—by adding to $126600 an amount calculated by multiplying the number by which the injury scale value exceeds 50 by $3720; (k) if the injury scale value of the injury is assessed as 70 or less but more than 60—by adding to $163800 an amount calculated by multiplying the number by which the injury scale value exceeds 60 by $3960; (l) if the injury scale value of the injury is assessed as 80 or less but more than 70—by adding to $203400 an amount calculated by multiplying the number by which the injury scale value exceeds 70 by $4220; (m) if the injury scale value of the injury is assessed as 90 or less but more than 80—by adding to $245600 an amount calculated by multiplying the number by which the injury scale value exceeds 80 by $4460; (n) if the injury scale value of the injury is assessed as 100 or less but more than 90—by adding to $290200 an amount calculated by multiplying the number by 2013 SL No. 118

Civil Liability and Other Legislation Amendment Regulation (No. 1) 2013 Part 3 Amendment of Personal Injuries Proceedings Regulation 2002 [s 8] which the injury scale value exceeds 90 by $4710. Part 3 Amendment of Personal Injuries Proceedings Regulation 2002 8 Regulation amended This part amends the PersonalInjuriesProceedingsRegulation 2002. 9 Amendment of s 13 (Prescribed limits for particular definitions—Act, schedule) (1) Section 13(1)(d), after ‘1 July 2012’— insert — to and including 30 June 2013 (2) Section 13(1)— insert — (e) for an injury arising on and from 1 July 2013—$3380. (3) Section 13(2)(d), after ‘1 July 2012’— insert— to and including 30 June 2013 (4) Section 13(2)— insert— (e) for an injury arising on and from 1 July 2013—$40460. (5) Section 13(3)(d), after ‘1 July 2012’— 2013 SL No. 118 Page 7

Civil Liability and Other Legislation Amendment Regulation (No. 1) 2013 Part 4 Amendment of Workers’ Compensation and Rehabilitation Regulation 2003 [s 10] insert — to and including 30 June 2013 (6) Section 13(3)— insert— (e) for an injury arising on and from 1 July 2013—$67450. Part 4 Amendment of Workers’ Compensation and Rehabilitation Regulation 2003 10 Regulation amended This part amends the Workers’CompensationandRehabilitation Regulation 2003 . 11 Amendment of s 112C (Prescribed amount of damages for loss of consortium or loss of servitium—Act, s 306M) (1) Section 112C(c), after ‘1 July 2012’— insert — to and including 30 June 2013 (2) Section 112C— insert— (d) for an injury sustained on or after 1 July 2013—$39430. 12 Amendment of s 112E (General damages calculation provisions—Act, s 306P) (1) Section 112E(4), after ‘1 July 2012’— Page 8 2013 SL No. 118

Civil Liability and Other Legislation Amendment Regulation (No. 1) 2013 Part 4 Amendment of Workers’ Compensation and Rehabilitation Regulation 2003 [s 13] insert — to and including 30 June 2013 (2) Section 112E— insert— (5) Schedule 12, section 4 is prescribed as the general damages calculation provisions for an injury sustained on or after 1 July 2013. 13 Amendment of s 112F (Prescribed amount of award for future loss—Act, s 306R) (1) Section 112F(c), after ‘1 July 2012’— insert— to and including 30 June 2013 (2) Section 112F— insert— (d) for an injury sustained on or after 1 July 2013—$131420. 14 Amendment of sch 12 (General damages calculation provisions) (1) Schedule 12, section 3, heading, after ‘1 July 2012’— insert— to 30 June 2013 (2) Schedule 12, section 3, before ‘as follows’— insert — to and including 30 June 2013 (3) Schedule 12— insert— 2013 SL No. 118 Page 9

Civil Liability and Other Legislation Amendment Regulation (No. 1) 2013 Part 4 Amendment of Workers’ Compensation and Rehabilitation Regulation 2003 [s 14] Page 10 4 General damages calculation provision—1 July 2013 The general damages must be calculated for an injury sustained on or after 1 July 2013 as follows— (a) if the injury scale value of the injury is assessed as 5 or less—by multiplying the injury scale value by $1310; (b) if the injury scale value of the injury is assessed as 10 or less but more than 5—by adding to $6550 an amount calculated by multiplying the number by which the injury scale value exceeds 5 by $1580; (c) if the injury scale value of the injury is assessed as 15 or less but more than 10—by adding to $14450 an amount calculated by multiplying the number by which the injury scale value exceeds 10 by $1840; (d) if the injury scale value of the injury is assessed as 20 or less but more than 15—by adding to $23650 an amount calculated by multiplying the number by which the injury scale value exceeds 15 by $2090; (e) if the injury scale value of the injury is assessed as 25 or less but more than 20—by adding to $34100 an amount calculated by multiplying the number by which the injury scale value exceeds 20 by $2370; (f) if the injury scale value of the injury is assessed as 30 or less but more than 25—by adding to $45950 an amount calculated by multiplying the number by which the injury scale value exceeds 25 by $2640; (g) if the injury scale value of the injury is assessed as 35 or less but more than 30—by adding to $59150 an amount calculated by 2013 SL No. 118

Civil Liability and Other Legislation Amendment Regulation (No. 1) 2013 Part 4 Amendment of Workers’ Compensation and Rehabilitation Regulation 2003 [s 14] 2013 SL No. 118 multiplying the number by which the injury scale value exceeds 30 by $2880; (h) if the injury scale value of the injury is assessed as 40 or less but more than 35—by adding to $73550 an amount calculated by multiplying the number by which the injury scale value exceeds 35 by $3160; (i) if the injury scale value of the injury is assessed as 50 or less but more than 40—by adding to $89350 an amount calculated by multiplying the number by which the injury scale value exceeds 40 by $3400; (j) if the injury scale value of the injury is assessed as 60 or less but more than 50—by adding to $123350 an amount calculated by multiplying the number by which the injury scale value exceeds 50 by $3620; (k) if the injury scale value of the injury is assessed as 70 or less but more than 60—by adding to $159550 an amount calculated by multiplying the number by which the injury scale value exceeds 60 by $3860; (l) if the injury scale value of the injury is assessed as 80 or less but more than 70—by adding to $198150 an amount calculated by multiplying the number by which the injury scale value exceeds 70 by $4100; (m) if the injury scale value of the injury is assessed as 90 or less but more than 80—by adding to $239150 an amount calculated by multiplying the number by which the injury scale value exceeds 80 by $4340; (n) if the injury scale value of the injury is assessed as 100 or less but more than 90—by adding to $282550 an amount calculated by multiplying the number by Page 11

Civil Liability and Other Legislation Amendment Regulation (No. 1) 2013 Part 4 Amendment of Workers’ Compensation and Rehabilitation Regulation 2003 [s 14] which the injury scale value exceeds 90 by $4600. ENDNOTES 1 Made by the Governor in Council on 27 June 2013. 2 Notified in the gazette on 28 June 2013. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Justice and Attorney-General. © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 12 2013 SL No. 118