Personal Injuries Proceedings Amendment Regulation (No. 1) 2002 (Qld)

Queensland Subordinate Legislation 2002 No. 370 Personal Injuries Proceedings Act 2002 PERSONAL INJURIES PROCEEDINGS AMENDMENT REGULATION (No. 1) 2002 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s 3 (Notice of claim—information required for Act, s 9(2)(a)) ............................................... 2 4 Amendment of s 4 (Notice of claim—authority for Act, s 9(2)(b)) . . . . . . . 5 5 Amendment of pt 3 (Miscellaneous) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Insertion of new s 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Notice of claim—Act, s 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Amendment of s 8 (Respondent may add another person as contributor— Act, s 16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Insertion of new s 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 12 Entities providing services to enhance public safety—Act, s 71. . . . 6

s1 2 s3 Personal Injuries Proceedings Amendment Regulation No. 370, 2002 (No. 1) 2002 1 Short title This regulation may be cited as the Personal Injuries Proceedings Amendment Regulation (No. 1) 2002 . 2 Regulation amended This regulation amends the PersonalInjuriesProceedingsRegulation 2002. 3 Amendment of s 3 (Notice of claim—information required for Act, s 9(2)(a)) (1) Section 3(2)(a), ‘and address’— omit, insert— ‘, address and telephone number’. (2) Section 3(2)(b) to (e)— renumber as section 3(2)(c) to (f). (3) Section 3(2)— insert— ‘(b) any other name by which the injured person is, or has been, known;’. (4) Section 3(3)(d), after ‘and’— insert— ‘, if known,’. (5) Section 3(3)(e) to (h)— renumber as section 3(3)(f) to (i). (6) Section 3(3)— insert— ‘(e) the names and addresses and, if known, telephone numbers of any other persons able to provide relevant particulars about the incident;’. (7) Section 3(3)(g), as renumbered, after ‘and’—

s3 3 s3 Personal Injuries Proceedings Amendment Regulation No. 370, 2002 (No. 1) 2002 insert— ‘, if known,’. (8) Section 3(4)(a), after ‘suffered’— insert— ‘, including how the personal injury affects the injured person at the date of the notice of claim’. (9) Section 3(5)(b) to (e)— renumber as section 3(5)(c) to (f). (10) Section 3(5)— insert— ‘(b) details of the injured person’s employment during the 3 year period immediately before the incident, and between the date of the incident and the date of the notice of claim, including details of the injured person’s income, the names of employers, the duration of employment and positions held;’. (11) Section 3(5)— insert— ‘(g) details of all claims made by the injured person for damages, compensation or social security benefits for any personal injury, illness or disability mentioned in subsection (6)(d); (h) details of all amounts received by the injured person for damages, compensation or social security benefits for any personal injury, illness or disability mentioned in subsection (6)(d); (i) whether the injured person planned, before the incident, to change occupation, work duties, hours or earnings and if so, details of the change and the steps the injured person took to implement the change; (j) details of any accountant used to prepare the injured person’s tax or business records during the 3 year period immediately before the incident, and between the date of the incident and the date of the notice of claim.’.

s3 4 s3 Personal Injuries Proceedings Amendment Regulation No. 370, 2002 (No. 1) 2002 (12) Section 3(6)— omit, insert— ‘ (6) The following particulars of a general nature are required for a claim— (a) if the injured person was examined by a doctor in relation to the personal injury to which the claim relates, the date of the first examination; (b) the date the claimant first consulted a lawyer about the possibility of making a claim; (c) the name, address and, if known, telephone number of any person to whom the claimant has delivered, or intends to deliver, a notice of claim in relation to the personal injury to which the claim relates; (d) details of any personal injury, illness or disability, in existence or sustained before the incident, that may affect the extent of the disabilities resulting from the personal injury to which the claim relates; (e) when the injured person returned to work or expects to return to work.’. (13) Section 3(8)(d), after ‘and’— insert— ‘, if known,’. (14) Section 3(8)(f)(i), after ‘provider’— insert— ‘at which information of the risks should have been given’. (15) Section 3(8)(f)(ii)— omit, insert— ‘(ii) if written or oral information or a warning was given to the injured person by the health care provider about the treatment— (A) the date and place the information or warning was given; and

s4 5 s6 Personal Injuries Proceedings Amendment Regulation No. 370, 2002 (No. 1) 2002 (B) details of the information or warning including what the injured person was informed or warned about; and’. (16) Section 3(8)(h), after ‘and’— insert— ‘, if known,’. 4 Amendment of s 4 (Notice of claim—authority for Act, s 9(2)(b)) Section 4(a)— omit, insert— ‘(a) if the personal injury exacerbated a pre-existing injury or condition— (i) any records in the possession of any insurer involved in the claim for the pre-existing injury or condition relevant to the pre-existing injury or condition; and (ii) any reports or clinical notes in the possession of a health care provider who treated or assessed the injured person for the pre-existing injury or condition; and’. 5 Amendment of pt 3 (Miscellaneous) (1) Sections 6, 7, 8, 9 and 10— renumber as sections 10, 11, 7, 8 and 9, respectively. (2) Sections 10 and 11, as renumbered— relocate after section 9, as renumbered. 6 Insertion of new s 6 Part 3— insert— ‘6 Notice of claim—Act, s 9 ‘For section 9(7) of the Act, the period prescribed is the period ending on the later of the following days—

s7 6 s8 Personal Injuries Proceedings Amendment Regulation No. 370, 2002 (No. 1) 2002 (a) the day 1 month after the person receives the notice of claim; or (b) the day 7 days after the person identifies another person against whom a proceeding might be started by the claimant based on the claim.’. 7 Amendment of s 8 (Respondent may add another person as contributor—Act, s 16) Section 8, as renumbered, subsection (1)— omit, insert— ‘ (1) For section 16(1) of the Act, the time prescribed is the later of the following— (a) 3 months after the respondent receives the notice of a claim under section 9 of the Act; (b) 7 days after the respondent identifies someone else as a contributor.’. 8 Insertion of new s 12 Part 3— insert— ‘12 Entities providing services to enhance public safety—Act, s 71 ‘For section 71(1)(a) of the Act, the following entities providing services to enhance public safety are prescribed— (a) the department administering the StateCounter-DisasterOrganisation Act 1975 ; Example of a person to whom liability may not attach while performing duties to enhance public safety for the department — An authorised officer appointed under the DangerousGoodsSafetyManagement Act 2001. (b) Queensland Ambulance Service established under the Ambulance Service Act 1991 ; (c) Queensland Fire and Rescue Service established under the Fireand Rescue Service Act 1990 ;

s8 7 s8 Personal Injuries Proceedings Amendment Regulation No. 370, 2002 (No. 1) 2002 (d) a rural fire brigade registered under the Fire and Rescue ServiceAct 1990; (e) State Emergency Service established under the StateCounter-Disaster Organisation Act 1975; (f) Volunteer Marine Rescue Association Queensland Inc. and affiliated bodies; (g) Royal Life Saving Society Queensland Incorporated and affiliated bodies providing services at or near the following places— (i) Bulcock Beach, Caloundra; (ii) Tallebudgera Creek, Gold Coast; (iii) public swimming pools; (h) Surf Life Saving Queensland (ABN 27 360 485 381) and affiliated bodies; (i) St John Ambulance Australia—Queensland; (j) the Queensland flotillas of The Australian Volunteer Coast Guard Association Inc. (ABN 99 392 980 313); (k) Sunshine Coast Helicopter Rescue Service Ltd (ABN 34 010 104 560); (l) Central Queensland Helicopter Rescue Service Ltd (ABN 73 415 515 751); (m) Capricorn Helicopter Rescue Service Limited (ABN 35 071 728 295); (n) CareFlight Queensland Ltd (ABN 45 010 316 462); (o) CareFlight Medical Services Limited (ABN 83 101 511 719); (p) Reef Helicopters Pty Ltd (ABN 50 011 075 460) when providing aeromedical, air rescue and other emergency helicopter services under an agreement with the State.’.

8 Personal Injuries Proceedings Amendment Regulation No. 370, 2002 (No. 1) 2002 ENDNOTES 1. Made by the Governor in Council on 19 December 2002. 2. Notified in the gazette on 20 December 2002. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Justice and Attorney-General. © State of Queensland 2002