Civil Liability Regulations 2013 (SA)

South Australia

Civil Liability Regulations 2013

under the Civil Liability Act 1936

These regulations may be cited as the Civil Liability Regulations 2013.

In these regulations, unless the contrary intention appears—

accredited health professional means a person who is accredited under a scheme established by the designated Minister under section 76(2) of the Act;

Act means the Civil Liability Act 1936;

AMA 5 means the 5th edition of the Guides to the Evaluation of Permanent Impairment published by the American Medical Association;

consequential mental harm does not include psychiatric impairment;

designated Minister has the same meaning as in section 76 of the Act;

GEPIC means The guide to the evaluation of Psychiatric Impairment for Clinicians prepared by MWN Epstein, G Mendelson and NHM Strauss as published in the Victorian Government Gazette on 8 May 2008;

GEPIC rating, in relation to pure mental harm, means a rating in accordance with the GEPIC for the psychiatric impairment caused by the mental harm;

highest range means the range of ISVs having the highest maximum ISV;

injured person means a person who claims damages in respect of personal injury arising from an MVA motor accident;

insurer includes the nominal defendant;

ISV means injury scale value;

Le Fort I fracture means a horizontal segmented fracture of the alveolar process of the maxilla;

Le Fort II fracture means a unilateral or bilateral fracture of the maxilla—

1. (a)

   in which the body of the maxilla is separated from the facial skeleton and pyramidal in shape; and

2. (b)

   that may extend through the body of the maxilla down the midline of the hard palate, through the floor of the orbit and into the nasal cavity;

Le Fort III fracture means a fracture in which the entire maxilla and 1 or more facial bones are completely separated from the brain case;

medical expert, in relation to an assessment of a GEPIC rating, means a person—

1. (a)

   who is registered under the Health Practitioner Regulation National Law—

   1. (i)

      to practise in the medical profession; and

   2. (ii)

      holding specialist registration as a psychiatrist; and

2. (b)

   who has successfully completed a course of training in the use of the GEPIC under a scheme determined by the Minister for the purposes of these regulations;

permanent impairment, in relation to an injury, means the impairment an injured person has, or is likely to have, after maximal medical improvement within the meaning of AMA 5;

psychiatric impairment means pure mental harm;

range, in relation to an ISV for an injury, means the range of ISVs for the injury set out in Schedule 1;

relevant MVA motor accident means the MVA motor accident that results in the personal injury that is relevant for the purposes of the application of these regulations in relation to a particular person;

whole person impairment, in relation to an injury, means an estimate, expressed as a percentage, of the impact of a permanent impairment caused…