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CIVIL LIABILITY AND OTHER LEGISLATION AMENDMENT BILL 2009

          Queensland



Civil Liability and Other
Legislation Amendment Bill
2009

 


 

 

Queensland Civil Liability and Other Legislation Amendment Bill 2009 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 2 Amendment of Civil Liability Act 2003 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Amendment of s 5 (Civil liability excluded from Act). . . . . . . . . . . 6 5 Amendment of s 7 (Provisions relating to operation of Act) . . . . . 7 6 Amendment of s 38 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . 7 7 Amendment of s 43 (Liability not excluded if insurance required) 7 8 Amendment of s 58 (Damages for loss of consortium or loss of servitium) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Amendment of s 59 (Damages for gratuitous services) . . . . . . . . 8 10 Insertion of new ss 59A-59D . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 59A Damages for gratuitous domestic services provided by an injured person . . . . . . . . . . . . . . . . . . . . . . . . . . 8 59B Circumstances in which section 59A damages can not be awarded. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 59C Provisions for assessment of section 59A damages . 11 59D Restriction on damages if section 59A damages already recovered. . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 11 Amendment of s 60 (Interest). . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 12 Replacement of s 62 (Calculation of general damages) . . . . . . . 13 62 Calculation of general damages. . . . . . . . . . . . . . . . . 13 13 Amendment of s 64 (Court required to inform parties of proposed award). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 14 Insertion of new s 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 75 Indexation of particular amounts . . . . . . . . . . . . . . . . 14

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Contents 15 Insertion of new ch 5, pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Part 7 Transitional provisions for Civil Liability and Other Legislation Amendment Act 2009 85 Provision for amendment of s 59 and new ss 59A to 59D ................................. 15 86 Amendment of regulation under Civil Liability and Other Legislation Amendment Act 2009. . . . . . . . . . . 15 16 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 16 Part 3 Amendment of Civil Liability Regulation 2003 17 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 18 Insertion of new s 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5A Prescribed amount of damages for loss of consortium or loss of servitium--Act, s 58 . . . . . . . . . 16 19 Insertion of new ss 6A and 6B . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 6A General damages calculation provisions--Act, s 62 . 16 6B Prescribed amount of award for future loss--Act, s 64 ................................ 17 20 Insertion of new sch 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Schedule 6A General damages calculation provisions 1 General damages calculation provisions--2 December 2002 to 30 June 2010 . . . . . . . . . . . . . . . . 17 2 General damages calculation provisions--1 July 2010 .............................. 19 Part 4 Amendment of Law Reform Act 1995 21 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 22 Replacement of s 13 (Wife's remedy for loss or impairment of consortium) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 13 Spouse's remedy for loss or impairment of consortium ........................... 21 Part 5 Amendment of Limitation of Actions Act 1974 23 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 24 Amendment of s 7 (Saving of other limitations) . . . . . . . . . . . . . . 22 25 Amendment of s 11 (Actions in respect of personal injury) . . . . . 22 26 Omission of s 30A (Application of s 30 in actions for dust-related conditions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 27 Amendment of pt 5 (Transitional provision) . . . . . . . . . . . . . . . . . 23 28 Omission of pt 6, hdg (Transitional provision). . . . . . . . . . . . . . . . 23 29 Omission of pt 7, hdg (Transitional provision). . . . . . . . . . . . . . . . 23 30 Insertion of new s 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Page 2

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Contents 47 Transitional provision for Civil Liability and Other Legislation Amendment Act 2009. . . . . . . . . . . . . . . . 23 Part 6 Amendment of Motor Accident Insurance Act 1994 31 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 32 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 24 33 Amendment of s 51C (Parties to exchange mandatory final offers if claim not settled at compulsory conference) . . . . . . . . . . 25 34 Amendment of s 55F (Costs in cases involving relatively small awards of damages) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 35 Insertion of new s 100A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 100A Indexation of particular amounts . . . . . . . . . . . . . . . . 26 36 Insertion of new pt 7, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Division 5 Provision for Civil Liability and Other Legislation Amendment Act 2009 112 Amendment of regulation under Civil Liability and Other Legislation Amendment Act 2009. . . . . . . . . . . 27 Part 7 Amendment of Motor Accident Insurance Regulation 2004 37 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 38 Insertion of new s 27A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 27A Prescribed limits for particular definitions--Act, s 4 . . 27 39 Amendment of s 29 (Costs if mandatory final offer accepted--Act, s 51C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Part 8 Amendment of Personal Injuries Proceedings Act 2002 40 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 41 Amendment of s 37 (Exchange of material for compulsory conference) ................................... 29 42 Amendment of s 40 (Provisions about mandatory final offers). . . 29 43 Amendment of s 43 (Need for urgent proceeding) . . . . . . . . . . . . 29 44 Insertion of new s 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 44 Starting urgent proceeding by agreement . . . . . . . . . 29 45 Amendment of s 56 (Costs in cases involving damages awards of not more than $50000) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 46 Insertion of new s 75A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 75A Indexation of particular amounts . . . . . . . . . . . . . . . . 31 47 Insertion of new ch 4, pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Part 7 Transitional provision for Civil Liability and Other Legislation Amendment Act 2009 86 Amendment of regulation under Civil Liability and Other Legislation Amendment Act 2009. . . . . . . . . . . 33 Page 3

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Contents 48 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 33 Part 9 Amendment of Personal Injuries Proceedings Regulation 2002 49 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 50 Amendment of s 11 (Costs when mandatory final offer is accepted--Act, s 40) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 51 Insertion of new s 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 13 Prescribed limits for particular definitions--Act, schedule ............................. 34 Page 4

 


 

2009 A Bill for An Act to amend the Civil Liability Act 2003, the Civil Liability Regulation 2003, the Law Reform Act 1995, the Limitation of Actions Act 1974, the Motor Accident Insurance Act 1994, the Motor Accident Insurance Regulation 2004, the Personal Injuries Proceedings Act 2002 and the Personal Injuries Proceedings Regulation 2002 for particular purposes

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Civil Liability and Other 4 Legislation Amendment Act 2009. 5 Clause 2 Commencement 6 The following commence on 1 July 2010-- 7 sections 4, 5, 9, 10, 11, 15 and 41 8 section 16 to the extent it inserts the definition section 9 59A damages 10 part 4. 11 Part 2 Amendment of Civil Liability 12 Act 2003 13 Clause 3 Act amended 14 This part amends the Civil Liability Act 2003. 15 Clause 4 Amendment of s 5 (Civil liability excluded from Act) 16 (1) Section 5(3) and (4)-- 17 renumber as section 5(4) and (5). 18 (2) Section 5-- 19 insert-- 20 Page 6

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Part 2 Amendment of Civil Liability Act 2003 [s 5] `(3) Despite subsection (1)(c) and (d), this Act applies for deciding 1 awards of section 59A damages relating to an injury 2 mentioned in subsection (1)(c) or (d).'. 3 Clause 5 Amendment of s 7 (Provisions relating to operation of 4 Act) 5 Section 7(1), `This Act'-- 6 omit, insert-- 7 `Subject to sections 5(3) and 59A, this Act'. 8 Clause 6 Amendment of s 38 (Interpretation) 9 Section 38(1), definition community organisation-- 10 insert-- 11 `(f) a parents and citizens association formed under the 12 Education (General Provisions) Act 2006, chapter 7.'. 13 Clause 7 Amendment of s 43 (Liability not excluded if insurance 14 required) 15 Section 43, after `liability that'-- 16 insert-- 17 `the volunteer'. 18 Clause 8 Amendment of s 58 (Damages for loss of consortium or 19 loss of servitium) 20 Section 58(1)(b), from `at $30000'-- 21 omit, insert-- 22 `at the amount prescribed under a regulation for this 23 provision, or more. 24 Note-- 25 Under section 75, the Minister must make a recommendation about the 26 amount to be prescribed.'. 27 Page 7

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Part 2 Amendment of Civil Liability Act 2003 [s 9] Clause 9 Amendment of s 59 (Damages for gratuitous services) 1 (1) Section 59, heading, after `services'-- 2 insert-- 3 `provided to an injured person'. 4 (2) Section 59(1), after `gratuitous services'-- 5 insert-- 6 `provided to an injured person'. 7 (3) Section 59(3)-- 8 omit. 9 (4) Section 59(4)-- 10 renumber as section 59(3). 11 Clause 10 Insertion of new ss 59A-59D 12 After section 59-- 13 insert-- 14 `59A Damages for gratuitous domestic services provided 15 by an injured person 16 `(1) Subject to section 59B, damages (section 59A damages) may 17 be awarded to an injured person for any loss of the person's 18 capacity to provide gratuitous domestic services to someone 19 else (the recipient) if subsection (2) or (4) applies. 20 `(2) Generally, the court may award section 59A damages only if it 21 is satisfied of all of the following-- 22 (a) either-- 23 (i) the injured person died as a result of the injuries 24 suffered; or 25 (ii) general damages for the injured person are 26 assessed (before allowing for contributory 27 negligence) at the amount prescribed under section 28 58, or more; 29 (b) at the relevant time the recipient was-- 30 Page 8

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Part 2 Amendment of Civil Liability Act 2003 [s 10] (i) a person who resided at the injured person's usual 1 residence; or 2 (ii) an unborn child of the injured person; 3 (c) before the relevant time, the injured person-- 4 (i) provided the services to the recipient; or 5 (ii) if the recipient was then an unborn child--would 6 have provided services to the recipient had the 7 recipient been born; 8 (d) the recipient was, or will be, incapable of performing the 9 services personally because of the recipient's age or 10 physical or mental incapacity; 11 (e) there is a reasonable expectation that, if not for the 12 relevant injury, the injured person would have provided 13 the services to the recipient-- 14 (i) for at least 6 hours a week; and 15 (ii) for a period of at least 6 months; 16 (f) there will be a need for the services for the hours and the 17 period mentioned in paragraph (e), and the need is 18 reasonable in all the circumstances. 19 `(3) Subsection (4) applies if-- 20 (a) the court is satisfied, as required under subsection (2), in 21 all respects other than that the injured person would 22 have provided the services for the hours and the period 23 mentioned in subsection (2)(e) and (f); and 24 (b) the recipient was provided with accommodation by a 25 parent other than the injured person or with other care to 26 which all of the following apply-- 27 (i) it included accommodation provided other than by 28 the injured person; 29 (ii) it was provided because the recipient is aged, frail 30 or suffers from a mental or physical disability; 31 Page 9

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Part 2 Amendment of Civil Liability Act 2003 [s 10] (iii) its primary purpose was to give the recipient or the 1 injured person a break from their usual care 2 arrangements. 3 `(4) The court may award section 59A damages if it considers 4 that-- 5 (a) the injured person would not have provided the services 6 for the hours and the period because of the provision of 7 the accommodation or the other care; and 8 (b) awarding the damages is reasonable in all the 9 circumstances. 10 Examples of circumstances that may make the award reasonable-- 11 1 The injured person would have had custody of the recipient each 12 alternate week for a full week at a time. 13 2 The recipient would have spent part of their school holidays with a 14 non-custodial parent. 15 3 The recipient is an elderly parent and is placed in short-term or 16 occasional respite care at a nursing home. 17 `(5) In this section-- 18 gratuitous domestic services means services of a domestic 19 nature for which there has been, and will be, no payment or 20 liability to pay. 21 parent includes a person who stands in the place of a parent. 22 relevant time means-- 23 (a) generally, when the relevant injury happened; or 24 (b) if the symptoms of the relevant injury were not 25 immediately apparent when it happened, when the 26 nature and extent of the injury becomes known. 27 `59B Circumstances in which section 59A damages can 28 not be awarded 29 `(1) To remove any doubt, it is declared that section 59A damages 30 can not be awarded if the recipient is not a person mentioned 31 in section 59A(2)(b). 32 Page 10

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Part 2 Amendment of Civil Liability Act 2003 [s 10] `(2) Section 59A damages can not be awarded for loss if, and to 1 the extent-- 2 (a) the injured person can recover damages for gratuitous 3 services mentioned in section 59 for the same injury that 4 caused the loss; and 5 (b) the provision of gratuitous services to the injured person 6 also resulted, or would also result, in the recipient being 7 provided with the domestic services that the person has 8 lost the capacity to provide. 9 `(3) Section 59A damages can not be awarded if, and to the 10 extent-- 11 (a) the loss resulted from personal injury to which the 12 Motor Accident Insurance Act 1994 applies; and 13 Note-- 14 For when the Motor Accident Insurance Act 1994 applies, see 15 section 5 of that Act. 16 (b) under section 51 of that Act an insurer has paid, or is 17 liable to pay, the cost of providing rehabilitation 18 services to the injured person; and 19 (c) the provision of the rehabilitation services resulted, or 20 would result, in the recipient being provided with the 21 domestic services that the injured person has lost the 22 capacity to provide. 23 `(4) An injured person, or an injured person's legal representative, 24 can not be awarded section 59A damages for a loss if the 25 recipient has previously recovered damages for a loss 26 sustained because of the person's loss of capacity. 27 `59C Provisions for assessment of section 59A damages 28 `(1) In deciding, for section 59A, the value of any gratuitous 29 domestic services that an injured person has lost the capacity 30 to provide to the recipient, the court must take into account-- 31 (a) the extent of the injured person's capacity to provide the 32 services before the relevant time under section 59A; and 33 Page 11

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Part 2 Amendment of Civil Liability Act 2003 [s 10] (b) the extent to which provision of the services would, if 1 not for the injury sustained by the injured person, have 2 also benefited persons outside the injured person's 3 household; and 4 (c) the vicissitudes or contingencies of life for which 5 allowance is ordinarily made in the assessment of 6 damages. 7 `(2) Section 59A damages must be assessed on the injured 8 person's life expectancy immediately before the relevant time 9 under section 59A. 10 `(3) However, if the injured person's life is shortened by an 11 unrelated event, section 59A damages can not be awarded for 12 any period after the person's death. 13 Example of an unrelated event-- 14 a life-limiting illness first suffered after the breach of duty happened 15 `(4) In deciding the amount of section 59A damages, if any, to be 16 awarded to the injured person for a loss of capacity mentioned 17 in section 59A, a court-- 18 (a) may only award damages for that loss as provided under 19 section 59A; and 20 (b) must not include in any general damages awarded to the 21 injured person a component that compensates the person 22 for the loss of that capacity. 23 `59D Restriction on damages if section 59A damages 24 already recovered 25 `(1) This section applies to anyone (the claimant), including a 26 recipient mentioned in section 59A(1), who makes a claim for 27 loss sustained because of personal injury suffered by an 28 injured person. 29 `(2) The claimant can not be awarded damages for a loss sustained 30 by the claimant because of the injured person's loss of 31 capacity to provide gratuitous domestic services if the injured 32 person or the person's legal representative has previously 33 recovered section 59A damages for that loss.'. 34 Page 12

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Part 2 Amendment of Civil Liability Act 2003 [s 11] Clause 11 Amendment of s 60 (Interest) 1 Section 60(1)-- 2 omit, insert-- 3 `(1) A court can not order the payment of interest on-- 4 (a) an award for general damages; or 5 (b) an award of damages for gratuitous services provided to 6 an injured person.'. 7 Clause 12 Replacement of s 62 (Calculation of general damages) 8 Section 62-- 9 omit, insert-- 10 `62 Calculation of general damages 11 `(1) For an injury arising after 1 December 2002, general damages 12 must be calculated by reference to the general damages 13 calculation provisions applying to the period within which the 14 injury arose. 15 `(2) In this section-- 16 general damages calculation provisions, applying to a 17 period, means the provisions prescribed for the period under a 18 regulation.' 19 Clause 13 Amendment of s 64 (Court required to inform parties of 20 proposed award) 21 (1) Section 64(2), `$100000'-- 22 omit, insert-- 23 `the amount prescribed under a regulation for this section'. 24 (2) Section 64(2)-- 25 insert-- 26 `Note-- 27 Under section 75, the Minister must make a recommendation about the 28 amount to be prescribed.'. 29 Page 13

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Part 2 Amendment of Civil Liability Act 2003 [s 14] Clause 14 Insertion of new s 75 1 Chapter 4, part 3-- 2 insert-- 3 `75 Indexation of particular amounts 4 `(1) The Minister must, on or before 1 July 2011 and on or before 5 1 July in each succeeding year, recommend to the Governor in 6 Council the amounts that are to be prescribed under a 7 regulation for or under the following provisions-- 8 (a) section 58(1)(b); 9 (b) section 62(2), definition general damages calculation 10 provisions; 11 (c) section 64(2). 12 `(2) The amount recommended for or under the provision is to be 13 the amount last prescribed under a regulation for or under the 14 provision adjusted by the percentage change in average 15 weekly earnings over the 4 quarters preceding the date of the 16 recommendation and rounded to the nearest ten dollar. 17 `(3) However, if the percentage change in average weekly earnings 18 over the 4 quarters preceding the date of the recommendation 19 would reduce the amount prescribed for or under the 20 provision or result in no change to the amount, the Minister 21 need not make a recommendation. 22 `(4) If the percentage change in average weekly earnings 23 mentioned in subsection (2) is not available from the 24 Australian Statistician, the Minister must advise the Governor 25 in Council accordingly. 26 `(5) If the Minister advises the Governor in Council of the 27 unavailability of the percentage change under subsection (4), 28 the amount prescribed for or under the provision is the amount 29 decided by the Governor in Council. 30 `(6) A regulation notified in the gazette after 1 July in a year and 31 specifying a date that is before the date it is notified as the 32 date from which the amount prescribed for the provision is to 33 apply has effect from the specified date. 34 Page 14

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Part 2 Amendment of Civil Liability Act 2003 [s 15] `(7) Subsection (6) applies despite the Statutory Instruments Act 1 1992, section 34. 2 `(8) This section does not limit the power of the Governor in 3 Council to amend the amount prescribed under a regulation 4 for a limit.'. 5 Clause 15 Insertion of new ch 5, pt 7 6 Chapter 5-- 7 insert-- 8 `Part 7 Transitional provisions for Civil 9 Liability and Other Legislation 10 Amendment Act 2009 11 `85 Provision for amendment of s 59 and new ss 59A 12 to 59D 13 `(1) The following provisions only apply to a breach of duty that 14 happens after the commencement of this section-- 15 (a) section 59 as amended under the amending Act; 16 (b) sections 59A to 59D as inserted under the amending 17 Act. 18 `(2) In this section-- 19 amending Act means the Civil Liability and Other Legislation 20 Amendment Act 2009. 21 `86 Amendment of regulation under Civil Liability and 22 Other Legislation Amendment Act 2009 23 `The amendment of the Civil Liability Regulation 2003 under 24 the Civil Liability and Other Legislation Amendment Act 2009 25 does not affect the power of the Governor in Council to 26 further amend the regulation or to repeal it.'. 27 Page 15

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Part 3 Amendment of Civil Liability Regulation 2003 [s 16] Clause 16 Amendment of sch 2 (Dictionary) 1 Schedule 2-- 2 insert-- 3 `injury scale value see section 61(1)(a). 4 section 59A damages see section 59A(1).'. 5 Part 3 Amendment of Civil Liability 6 Regulation 2003 7 Clause 17 Regulation amended 8 This part amends the Civil Liability Regulation 2003. 9 Clause 18 Insertion of new s 5A 10 After section 5-- 11 insert-- 12 `5A Prescribed amount of damages for loss of 13 consortium or loss of servitium--Act, s 58 14 `For the Act, section 58(1)(b), the amount prescribed is-- 15 (a) for an injury arising on and from 2 December 2002 to 16 and including 30 June 2010--$30000; or 17 (b) for an injury arising on and from 1 July 18 2010--$35340.'. 19 Clause 19 Insertion of new ss 6A and 6B 20 After section 6-- 21 insert-- 22 `6A General damages calculation provisions--Act, s 62 23 `(1) This section applies for the Act, section 62. 24 Page 16

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Part 3 Amendment of Civil Liability Regulation 2003 [s 20] `(2) Schedule 6A, section 1 is prescribed as the general damages 1 calculation provisions for an injury arising on and from 2 2 December 2002 to and including 30 June 2010. 3 `(3) Schedule 6A, section 2 is prescribed as the general damages 4 calculation provisions for an injury arising on and from 1 July 5 2010. 6 `6B Prescribed amount of award for future loss--Act, 7 s 64 8 `For the Act, section 64, the amount prescribed is-- 9 (a) for an injury arising on and from 2 December 2002 to 10 and including 30 June 2010--$100000; or 11 (b) for an injury arising on and from 1 July 12 2010--$117800.'. 13 Clause 20 Insertion of new sch 6A 14 After schedule 6-- 15 insert-- 16 `Schedule 6A General damages calculation 17 provisions 18 section 6A 19 `1 General damages calculation provisions--2 20 December 2002 to 30 June 2010 21 `The general damages must be calculated for an injury arising 22 on and from 2 December 2002 to and including 30 June 2010 23 as follows-- 24 (a) if the injury scale value of the injury is assessed as 5 or 25 less--by multiplying the injury scale value by $1000; 26 (b) if the injury scale value of the injury is assessed as 10 or 27 less but more than 5--by adding to $5000 an amount 28 Page 17

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Part 3 Amendment of Civil Liability Regulation 2003 [s 20] calculated by multiplying the number by which the 1 injury scale value exceeds 5 by $1200; 2 (c) if the injury scale value of the injury is assessed as 15 or 3 less but more than 10--by adding to $11000 an amount 4 calculated by multiplying the number by which the 5 injury scale value exceeds 10 by $1400; 6 (d) if the injury scale value of the injury is assessed as 20 or 7 less but more than 15--by adding to $18000 an amount 8 calculated by multiplying the number by which the 9 injury scale value exceeds 15 by $1600; 10 (e) if the injury scale value of the injury is assessed as 25 or 11 less but more than 20--by adding to $26000 an amount 12 calculated by multiplying the number by which the 13 injury scale value exceeds 20 by $1800; 14 (f) if the injury scale value of the injury is assessed as 30 or 15 less but more than 25--by adding to $35000 an amount 16 calculated by multiplying the number by which the 17 injury scale value exceeds 25 by $2000; 18 (g) if the injury scale value of the injury is assessed as 35 or 19 less but more than 30--by adding to $45000 an amount 20 calculated by multiplying the number by which the 21 injury scale value exceeds 30 by $2200; 22 (h) if the injury scale value of the injury is assessed as 40 or 23 less but more than 35--by adding to $56000 an amount 24 calculated by multiplying the number by which the 25 injury scale value exceeds 35 by $2400; 26 (i) if the injury scale value of the injury is assessed as 50 or 27 less but more than 40--by adding to $68000 an amount 28 calculated by multiplying the number by which the 29 injury scale value exceeds 40 by $2580; 30 (j) if the injury scale value of the injury is assessed as 60 or 31 less but more than 50--by adding to $93800 an amount 32 calculated by multiplying the number by which the 33 injury scale value exceeds 50 by $2760; 34 (k) if the injury scale value of the injury is assessed as 70 or 35 less but more than 60--by adding to $121400 an amount 36 Page 18

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Part 3 Amendment of Civil Liability Regulation 2003 [s 20] calculated by multiplying the number by which the 1 injury scale value exceeds 60 by $2940; 2 (l) if the injury scale value of the injury is assessed as 80 or 3 less but more than 70--by adding to $150800 an amount 4 calculated by multiplying the number by which the 5 injury scale value exceeds 70 by $3120; 6 (m) if the injury scale value of the injury is assessed as 90 or 7 less but more than 80--by adding to $182000 an amount 8 calculated by multiplying the number by which the 9 injury scale value exceeds 80 by $3300; 10 (n) if the injury scale value of the injury is assessed as 100 11 or less but more than 90--by adding to $215000 an 12 amount calculated by multiplying the number by which 13 the injury scale value exceeds 90 by $3500. 14 `2 General damages calculation provisions--1 July 15 2010 16 `The general damages must be calculated for an injury arising 17 on and from 1 July 2010 as follows-- 18 (a) if the injury scale value of the injury is assessed as 5 or 19 less--by multiplying the injury scale value by $1180; 20 (b) if the injury scale value of the injury is assessed as 10 or 21 less but more than 5--by adding to $5900 an amount 22 calculated by multiplying the number by which the 23 injury scale value exceeds 5 by $1410; 24 (c) if the injury scale value of the injury is assessed as 15 or 25 less but more than 10--by adding to $12950 an amount 26 calculated by multiplying the number by which the 27 injury scale value exceeds 10 by $1650; 28 (d) if the injury scale value of the injury is assessed as 20 or 29 less but more than 15--by adding to $21200 an amount 30 calculated by multiplying the number by which the 31 injury scale value exceeds 15 by $1880; 32 (e) if the injury scale value of the injury is assessed as 25 or 33 less but more than 20--by adding to $30600 an amount 34 Page 19

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Part 3 Amendment of Civil Liability Regulation 2003 [s 20] calculated by multiplying the number by which the 1 injury scale value exceeds 20 by $2120; 2 (f) if the injury scale value of the injury is assessed as 30 or 3 less but more than 25--by adding to $41200 an amount 4 calculated by multiplying the number by which the 5 injury scale value exceeds 25 by $2360; 6 (g) if the injury scale value of the injury is assessed as 35 or 7 less but more than 30--by adding to $53000 an amount 8 calculated by multiplying the number by which the 9 injury scale value exceeds 30 by $2590; 10 (h) if the injury scale value of the injury is assessed as 40 or 11 less but more than 35--by adding to $65950 an amount 12 calculated by multiplying the number by which the 13 injury scale value exceeds 35 by $2830; 14 (i) if the injury scale value of the injury is assessed as 50 or 15 less but more than 40--by adding to $80100 an amount 16 calculated by multiplying the number by which the 17 injury scale value exceeds 40 by $3040; 18 (j) if the injury scale value of the injury is assessed as 60 or 19 less but more than 50--by adding to $110500 an amount 20 calculated by multiplying the number by which the 21 injury scale value exceeds 50 by $3250; 22 (k) if the injury scale value of the injury is assessed as 70 or 23 less but more than 60--by adding to $143000 an amount 24 calculated by multiplying the number by which the 25 injury scale value exceeds 60 by $3460; 26 (l) if the injury scale value of the injury is assessed as 80 or 27 less but more than 70--by adding to $177600 an amount 28 calculated by multiplying the number by which the 29 injury scale value exceeds 70 by $3680; 30 (m) if the injury scale value of the injury is assessed as 90 or 31 less but more than 80--by adding to $214400 an amount 32 calculated by multiplying the number by which the 33 injury scale value exceeds 80 by $3890; 34 (n) if the injury scale value of the injury is assessed as 100 35 or less but more than 90--by adding to $253300 an 36 Page 20

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Part 4 Amendment of Law Reform Act 1995 [s 21] amount calculated by multiplying the number by which 1 the injury scale value exceeds 90 by $4120.'. 2 Part 4 Amendment of Law Reform Act 3 1995 4 Clause 21 Act amended 5 This part amends the Law Reform Act 1995. 6 Clause 22 Replacement of s 13 (Wife's remedy for loss or 7 impairment of consortium) 8 Section 13-- 9 omit, insert-- 10 `13 Spouse's remedy for loss or impairment of 11 consortium 12 `(1) This section applies if a person causes injury to another by 13 wrongful act, neglect or default, whether or not the injury 14 results in death. 15 `(2) The person is liable in damages to the injured person's spouse 16 for loss or injury suffered by the spouse because of the loss or 17 impairment of consortium. 18 `(3) The damages must be assessed in the same way as in a claim 19 by a husband for damages in tort for loss or impairment of 20 consortium. 21 `(4) A husband can only recover the damages mentioned in this 22 section under either the common law or this section but not 23 both.'. 24 Page 21

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Part 5 Amendment of Limitation of Actions Act 1974 [s 23] Part 5 Amendment of Limitation of 1 Actions Act 1974 2 Clause 23 Act amended 3 This part amends the Limitation of Actions Act 1974. 4 Clause 24 Amendment of s 7 (Saving of other limitations) 5 Section 7, `section 43A'-- 6 omit, insert-- 7 `sections 11(2) and 43A'. 8 Clause 25 Amendment of s 11 (Actions in respect of personal 9 injury) 10 Section 11-- 11 insert-- 12 `(2) However, a right of action relating to personal injury resulting 13 from a dust-related condition is not subject to a limitation 14 period under an Act or law or rule of law. 15 `(3) To remove any doubt, it is declared that personal injury 16 resulting from a dust-related condition does not include 17 personal injury resulting from smoking or other use of 18 tobacco products or exposure to tobacco smoke. 19 `(4) In this section-- 20 dust-related condition see the Civil Liability Act 2003, 21 schedule 2.'. 22 Clause 26 Omission of s 30A (Application of s 30 in actions for 23 dust-related conditions) 24 Section 30A-- 25 omit. 26 Page 22

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Part 5 Amendment of Limitation of Actions Act 1974 [s 27] Clause 27 Amendment of pt 5 (Transitional provision) 1 Part 5, heading, `provision'-- 2 omit, insert-- 3 `provisions'. 4 Clause 28 Omission of pt 6, hdg (Transitional provision) 5 Part 6, heading-- 6 omit. 7 Clause 29 Omission of pt 7, hdg (Transitional provision) 8 Part 7, heading-- 9 omit. 10 Clause 30 Insertion of new s 47 11 After section 46-- 12 insert-- 13 `47 Transitional provision for Civil Liability and Other 14 Legislation Amendment Act 2009 15 `(1) Section 11(2) applies to a right of action relating to personal 16 injury resulting from a dust-related condition whether the 17 right of action accrued before or after the commencement of 18 this section. 19 `(2) However, subsection (1) does not apply if-- 20 (a) judgment has been given in the action; or 21 (b) the action has been settled or discontinued; or 22 (c) an application before the commencement of this section 23 to extend the period of limitation applying to the action 24 before the commencement was refused by a court. 25 `(3) In this section-- 26 court includes-- 27 Page 23

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Part 6 Amendment of Motor Accident Insurance Act 1994 [s 31] (a) a court in a place outside Queensland, including outside 1 Australia; and 2 (b) the Dust Diseases Tribunal of New South Wales 3 established under the Dust Diseases Tribunal Act 1989 4 (NSW).'. 5 Part 6 Amendment of Motor Accident 6 Insurance Act 1994 7 Clause 31 Act amended 8 This part amends the Motor Accident Insurance Act 1994. 9 Clause 32 Amendment of s 4 (Definitions) 10 Section 4-- 11 insert-- 12 `declared costs limit means the amount prescribed under a 13 regulation as the declared costs limit. 14 Note-- 15 Under section 100A, the Minister must make a recommendation about 16 the amount to be prescribed. 17 lower offer limit means the amount prescribed under a 18 regulation as the lower offer limit. 19 Note-- 20 Under section 100A, the Minister must make a recommendation about 21 the amount to be prescribed. 22 upper offer limit means the amount prescribed under a 23 regulation as the upper offer limit. 24 Note-- 25 Under section 100A, the Minister must make a recommendation about 26 the amount to be prescribed.'. 27 Page 24

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Part 6 Amendment of Motor Accident Insurance Act 1994 [s 33] Clause 33 Amendment of s 51C (Parties to exchange mandatory 1 final offers if claim not settled at compulsory conference) 2 (1) Section 51C(3), `$50000'-- 3 omit, insert-- 4 `the upper offer limit'. 5 (2) Section 51C(4), `$30000 but not more than $50000'-- 6 omit, insert-- 7 `the lower offer limit but not more than the upper offer limit'. 8 Clause 34 Amendment of s 55F (Costs in cases involving relatively 9 small awards of damages) 10 (1) Section 55F(1) and (3), `$50000'-- 11 omit, insert-- 12 `an amount equal to the upper offer limit'. 13 (2) Section 55F(2) and (3), `$30000'-- 14 omit, insert-- 15 `an amount equal to the lower offer limit'. 16 (3) Section 55F(3)(a), `a maximum of $2500'-- 17 omit, insert-- 18 `the declared costs limit'. 19 (4) Section 55F(3)(b)(i) and (c)(i), `a limit of $2500'-- 20 omit, insert-- 21 `the declared costs limit'. 22 Clause 35 Insertion of new s 100A 23 After section 100-- 24 insert-- 25 Page 25

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Part 6 Amendment of Motor Accident Insurance Act 1994 [s 35] `100A Indexation of particular amounts 1 `(1) The Minister must, on or before 1 July 2011 and on or before 2 1 July in each succeeding year, recommend to the Governor in 3 Council the amounts that are to be prescribed under a 4 regulation as-- 5 (a) the declared costs limit; and 6 (b) the lower offer limit; and 7 (c) the upper offer limit. 8 `(2) Each amount recommended for a limit is to be the amount last 9 prescribed under a regulation for the limit adjusted by the 10 percentage change in average weekly earnings over the 4 11 quarters preceding the date of the recommendation and 12 rounded to the nearest ten dollar. 13 `(3) However, if the percentage change in average weekly earnings 14 over the 4 quarters preceding the date of the recommendation 15 would reduce the amount prescribed as the limit or result in no 16 change to the amount, the Minister need not make a 17 recommendation. 18 `(4) If the percentage change in average weekly earnings 19 mentioned in subsection (2) is not available from the 20 Australian Statistician, the Minister must advise the Governor 21 in Council accordingly. 22 `(5) If the Minister advises the Governor in Council of the 23 unavailability of the percentage change under subsection (4), 24 the amount prescribed as the limit is the amount decided by 25 the Governor in Council. 26 `(6) A regulation notified in the gazette after 1 July in a year and 27 specifying a date that is before the date it is notified as the 28 date from which the amount prescribed as the limit is to apply 29 has effect from the specified date. 30 `(7) Subsection (6) applies despite the Statutory Instruments Act 31 1992, section 34. 32 `(8) This section does not limit the power of the Governor in 33 Council to amend the amount prescribed under a regulation 34 for a limit.'. 35 Page 26

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Part 7 Amendment of Motor Accident Insurance Regulation 2004 [s 36] Clause 36 Insertion of new pt 7, div 5 1 Part 7-- 2 insert-- 3 `Division 5 Provision for Civil Liability and 4 Other Legislation Amendment Act 5 2009 6 `112 Amendment of regulation under Civil Liability and 7 Other Legislation Amendment Act 2009 8 `The amendment of the Motor Accident Insurance Regulation 9 2004 under the Civil Liability and Other Legislation 10 Amendment Act 2009 does not affect the power of the 11 Governor in Council to further amend the regulation or to 12 repeal it.'. 13 Part 7 Amendment of Motor Accident 14 Insurance Regulation 2004 15 Clause 37 Regulation amended 16 This part amends the Motor Accident Insurance Regulation 17 2004. 18 Clause 38 Insertion of new s 27A 19 Part 6-- 20 insert-- 21 `27A Prescribed limits for particular definitions--Act, s 4 22 `(1) For the Act, section 4, definition declared costs limit, the 23 amount prescribed is-- 24 (a) for an injury arising on and from 2 December 2002 to 25 and including 30 June 2010--$2500; or 26 Page 27

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Part 8 Amendment of Personal Injuries Proceedings Act 2002 [s 39] (b) for an injury arising on and from 1 July 2010--$2950. 1 `(2) For the Act, section 4, definition lower offer limit, the amount 2 prescribed is-- 3 (a) for an injury arising on and from 2 December 2002 to 4 and including 30 June 2010--$30000; or 5 (b) for an injury arising on and from 1 July 2010--$35340. 6 `(3) For the Act, section 4, definition upper offer limit, the amount 7 prescribed is-- 8 (a) for an injury arising on and from 2 December 2002 to 9 and including 30 June 2010--$50000; or 10 (b) for an injury arising on and from 1 July 11 2010--$58900.'. 12 Clause 39 Amendment of s 29 (Costs if mandatory final offer 13 accepted--Act, s 51C) 14 (1) Section 29(1), `$30000 but not more than $50000'-- 15 omit, insert-- 16 `the lower offer limit but not more than the upper offer limit'. 17 (2) Section 29(2), `$2500'-- 18 omit, insert-- 19 `the declared costs limit'. 20 Part 8 Amendment of Personal 21 Injuries Proceedings Act 2002 22 Clause 40 Act amended 23 This part amends the Personal Injuries Proceedings Act 2002. 24 Page 28

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Part 8 Amendment of Personal Injuries Proceedings Act 2002 [s 41] Clause 41 Amendment of s 37 (Exchange of material for 1 compulsory conference) 2 Section 37(2)(a)-- 3 omit, insert-- 4 `(a) the party is in all respects ready for the conference; and'. 5 Clause 42 Amendment of s 40 (Provisions about mandatory final 6 offers) 7 (1) Section 40(1), `$50000'-- 8 omit, insert-- 9 `the upper offer limit'. 10 (2) Section 40(2), `$30000 but not more than $50000'-- 11 omit, insert-- 12 `the lower offer limit but not more than the upper offer limit'. 13 Clause 43 Amendment of s 43 (Need for urgent proceeding) 14 Section 43, heading-- 15 omit, insert-- 16 `43 Starting urgent proceeding with the court's leave'. 17 Clause 44 Insertion of new s 44 18 Chapter 2, part 1, division 5, after section 43-- 19 insert-- 20 `44 Starting urgent proceeding by agreement 21 `(1) The purpose of this section is to enable a claimant to avoid the 22 need to bring an application under section 43. 23 `(2) Without limiting section 43, if the claimant believes there is 24 an urgent need to start a proceeding for a claim despite 25 noncompliance with this part, the claimant may, in the 26 claimant's notice of claim-- 27 Page 29

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Part 8 Amendment of Personal Injuries Proceedings Act 2002 [s 45] (a) state the reasons for the urgency and the need to start the 1 proceeding; and 2 (b) ask the person or persons against whom the proceeding 3 is proposed to be started (proposed respondent) to allow 4 the claimant to start the proceeding despite 5 noncompliance with this part. 6 `(3) The claimant's lawyer may sign the notice of claim on the 7 claimant's behalf if it is not reasonably practicable for the 8 claimant to do so. 9 `(4) However, if the claimant's lawyer signs the notice of claim, 10 the claimant must sign the notice personally and give it to the 11 proposed respondent as soon as practicable. 12 `(5) The claimant's notice of claim may be given electronically in 13 any way provided for under a regulation. 14 `(6) A proposed respondent must advise the claimant, in the 15 approved form, that the proposed respondent agrees or does 16 not agree to allow the claimant to start the proceeding despite 17 noncompliance with this part. 18 `(7) The advice must be given to the claimant before the end of 7 19 days after the proposed respondent receives the notice of 20 claim signed by the claimant's lawyer. 21 `(8) If each proposed respondent agrees to allow the claimant to 22 start the proceeding despite noncompliance with this part-- 23 (a) the claimant may start the proceeding; and 24 (b) the proceeding is stayed until the claimant complies 25 with this part or the proceeding is discontinued or 26 otherwise ends.'. 27 Clause 45 Amendment of s 56 (Costs in cases involving damages 28 awards of not more than $50000) 29 (1) Section 56, heading, `$50000'-- 30 omit, insert-- 31 `an amount equal to the upper offer limit'. 32 Page 30

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Part 8 Amendment of Personal Injuries Proceedings Act 2002 [s 46] (2) Section 56(1) and (3), `$50000'-- 1 omit, insert-- 2 `an amount equal to the upper offer limit'. 3 (3) Section 56(2) and (3), `$30000'-- 4 omit, insert-- 5 `an amount equal to the lower offer limit'. 6 (4) Section 56(3)(a), `a maximum of $2500'-- 7 omit, insert-- 8 `the declared costs limit'. 9 (5) Section 56(3)(b)(i) and (c)(i), `a limit of $2500'-- 10 omit, insert-- 11 `the declared costs limit'. 12 Clause 46 Insertion of new s 75A 13 Chapter 3, part 3-- 14 insert-- 15 `75A Indexation of particular amounts 16 `(1) The Minister must, on or before 1 July 2011 and on or before 17 1 July in each succeeding year, recommend to the Governor in 18 Council the amounts that are to be prescribed under a 19 regulation as-- 20 (a) the declared costs limit; and 21 (b) the lower offer limit; and 22 (c) the upper offer limit. 23 `(2) Each amount recommended for a limit is to be the amount last 24 prescribed under a regulation for the limit adjusted by the 25 percentage change in average weekly earnings over the 4 26 quarters preceding the date of the recommendation and 27 rounded to the nearest ten dollar. 28 Page 31

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Part 8 Amendment of Personal Injuries Proceedings Act 2002 [s 47] `(3) However, if the percentage change in average weekly earnings 1 over the 4 quarters preceding the date of the recommendation 2 would reduce the amount prescribed as the limit or result in no 3 change to the amount, the Minister need not make a 4 recommendation. 5 `(4) If the percentage change in average weekly earnings 6 mentioned in subsection (2) is not available from the 7 Australian Statistician, the Minister must advise the Governor 8 in Council accordingly. 9 `(5) If the Minister advises the Governor in Council of the 10 unavailability of the percentage change under subsection (4), 11 the amount prescribed as the limit is the amount decided by 12 the Governor in Council. 13 `(6) A regulation notified in the gazette after 1 July in a year and 14 specifying a date that is before the date it is notified as the 15 date from which the amount prescribed as the limit is to apply 16 has effect from the specified date. 17 `(7) Subsection (6) applies despite the Statutory Instruments Act 18 1992, section 34. 19 `(8) This section does not limit the power of the Governor in 20 Council to amend the amount prescribed under a regulation 21 for a limit. 22 `(9) In this section-- 23 average weekly earnings means the seasonally adjusted 24 amount of Queensland full-time adult persons ordinary time 25 earnings as declared by the Australian Statistician in the 26 statistician's report on average weekly earnings, averaged 27 over the last 4 quarters for which the statistician's report is 28 available.'. 29 Clause 47 Insertion of new ch 4, pt 7 30 Chapter 4-- 31 insert-- 32 Page 32

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Part 8 Amendment of Personal Injuries Proceedings Act 2002 [s 48] `Part 7 Transitional provision for Civil 1 Liability and Other Legislation 2 Amendment Act 2009 3 `86 Amendment of regulation under Civil Liability and 4 Other Legislation Amendment Act 2009 5 `The amendment of the Personal Injuries Proceedings 6 Regulation 2002 under the Civil Liability and Other 7 Legislation Amendment Act 2009 does not affect the power of 8 the Governor in Council to further amend the regulation or to 9 repeal it.'. 10 Clause 48 Amendment of schedule (Dictionary) 11 Schedule-- 12 insert-- 13 `declared costs limit means the amount prescribed under a 14 regulation as the declared costs limit. 15 Note-- 16 Under section 75A, the Minister must make a recommendation about 17 the amount to be prescribed. 18 lower offer limit means the amount prescribed under a 19 regulation as the lower offer limit. 20 Note-- 21 Under section 75A, the Minister must make a recommendation about 22 the amount to be prescribed. 23 upper offer limit means the amount prescribed under a 24 regulation as the declared upper offer limit. 25 Note-- 26 Under section 75A, the Minister must make a recommendation about 27 the amount to be prescribed.'. 28 Page 33

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Part 9 Amendment of Personal Injuries Proceedings Regulation 2002 [s 49] Part 9 Amendment of Personal 1 Injuries Proceedings 2 Regulation 2002 3 Clause 49 Regulation amended 4 This part amends the Personal Injuries Proceedings 5 Regulation 2002. 6 Clause 50 Amendment of s 11 (Costs when mandatory final offer is 7 accepted--Act, s 40) 8 (1) Section 11(1), `$30000 but not more than $50000'-- 9 omit, insert-- 10 `the lower offer limit but not more than the upper offer limit'. 11 (2) Section 11(2), `$2500'-- 12 omit, insert-- 13 `the declared costs limit'. 14 Clause 51 Insertion of new s 13 15 Part 3-- 16 insert-- 17 `13 Prescribed limits for particular definitions--Act, 18 schedule 19 `(1) For the Act, schedule, definition declared costs limit, the 20 amount prescribed is-- 21 (a) for an injury arising on and from 2 December 2002 to 22 and including 30 June 2010--$2500; or 23 (b) for an injury arising on and from 1 July 2010--$2950. 24 `(2) For the Act, schedule, definition lower offer limit, the amount 25 prescribed is-- 26 Page 34

 


 

Civil Liability and Other Legislation Amendment Bill 2009 Part 9 Amendment of Personal Injuries Proceedings Regulation 2002 [s 51] (a) for an injury arising on and from 2 December 2002 to 1 and including 30 June 2010--$30000; or 2 (b) for an injury arising on and from 1 July 2010--$35340. 3 `(3) For the Act, schedule, definition upper offer limit, the amount 4 prescribed is-- 5 (a) for an injury arising on and from 2 December 2002 to 6 and including 30 June 2010--$50000; or 7 (b) for an injury arising on and from 1 July 8 2010--$58900.'. 9 State of Queensland 2009 Page 35

 


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