Wrongs (Part VBA Claims) Amendment Regulations 2016 (Vic)

Wrongs (Part VBA Claims) Amendment Regulations 2016

S.R. No. 1/2016

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Form 1 to Schedule 1

4Form 2 to Schedule 1

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Endnotes

STATUTORY RULES 2016

S.R. No. 1/2016

Wrongs Act 1958

Wrongs (Part VBA Claims) Amendment Regulations 2016

The Governor in Council makes the following Regulations:

Dated: 16 February 2016

Responsible Minister:

MARTIN PAKULA
Attorney-General

MATTHEW McBEATH

Acting Clerk of the Executive Council

1Objective

The objective of these Regulations is to make consequential amendments to Forms 1 and 2 of Schedule 1 to the Wrongs (Part VBA Claims) Regulations 2015 that reflect amendments made to the Wrongs Act 1958 by the Wrongs Amendment Act 2015.

2Authorising provision

These Regulations are made under section 28LZP of the Wrongs Act 1958.

3Form 1 to Schedule 1

In Form 1 of Schedule 1 to the Wrongs (Part VBA Claims) Regulations 2015[1]—

(a)for "person's injury is more than 5%" substitute "person's injury (other than psychiatric injury) satisfies the threshold level";

(b)for "is more than 10%" substitute "satisfies the threshold level";

(c)after "Impairment is defined in section 28LB of the Wrongs Act 1958 to mean permanent impairment." insert—

"Threshold level is defined in section 28LB of the Wrongs Act 1958 to mean—

(a)in the case of injury (other than psychiatric injury or spinal injury), impairment of more than 5 per cent;

(b)in the case of psychiatric injury, impairment of 10 per cent or more;

(c)in the case of spinal injury, impairment of 5 per cent or more.".

4Form 2 to Schedule 1

In Form 2 of Schedule 1 to the Wrongs (Part VBA Claims) Regulations 2015—

(a)after "an injury" insert "(other than psychiatric injury)";

(b)for "this injury will be more than 5%" substitute "this injury (other than psychiatric injury) will satisfy the threshold level";

(c)for "the degree of impairment resulting from this person's psychiatric injury and symptoms (which has not arisen as a consequence of, or secondary to, a physical injury) is more than 10%" substitute "a psychiatric injury";

(d)after "same psychiatric injury" insert "(which has not arisen as a consequence of, or secondary to, a physical injury)";

(e)for "will be more than 10%" substitute "will satisfy the threshold level";

(f)after "Impairment is defined in section 28LB of the Wrongs Act 1958 to mean permanent impairment." insert—

"Threshold level is defined in section 28LB of the Wrongs Act 1958 to mean—

(a)in the case of injury (other than psychiatric injury or spinal injury), impairment of more than 5 per cent;

(b)in the case of psychiatric injury, impairment of 10 per cent or more;

(c)in the case of spinal injury, impairment of 5 per cent or more.".

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Endnotes

[1] Reg. 3: S.R. No. 31/2015.