Western Australian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


CIVIL LIABILITY BILL 2002

                      Western Australia


             Civil Liability Bill 2002

                         CONTENTS


      Part 1 -- Preliminary
1.    Short title                                       2
2.    Commencement                                      2
3.    Meaning of "personal injury damages"              2
4.    Varying amounts to reflect award rate changes     2
5.    Act binds Crown                                   3
      Part 2 -- Personal injury damages
      Division 1 -- Preliminary
6.    Application of this Part                          4
7.    Court awards constrained                          5
8.    Act does not give rise to any cause of action     5
      Division 2 -- Restrictions on damages for non-
            pecuniary loss (general damages)
9.    Restrictions on damages for non-pecuniary loss
      (general damages)                                 5
10.   Amount A and Amount C                             6
      Division 3 -- Fixing damages for pecuniary loss
11.   Damages for loss of earnings                      7
12.   Damages for provision of home care services       8
13.   Amount B                                          9
      Division 4 -- Structured settlements
14.   Meaning of "structured settlement"                9
15.   Consent order for structured settlement          10




                           138--2                       page i
Civil Liability Bill 2002



Contents



             Part 3 -- Advertising legal services
                  relating to personal injury and
                  touting
   16.       Meanings of terms used in this Part                      11
   17.       Restriction on advertising legal services relating to
             personal injury                                          12
   18.       Allowed publication                                      14
   19.       Prohibition on touting at scene of incidents or at any
             time                                                     15
   20.       Prohibition against paying, or seeking payment, for
             touting                                                  18
   21.       Consequences if person approved under an Act is
             convicted under section 19 or 20                         19
             Part 4 -- Other matters
   22.       Regulations                                              21
             Defined Terms




page ii
                           Western Australia


                     LEGISLATIVE ASSEMBLY

              (As amended during consideration in detail)


                  Civil Liability Bill 2002


                               A Bill for


An Act relating to the recovery of damages for death or injury of a
person caused by the fault of another person, to restrict advertising
of legal services relating to personal injury and touting, and for
related purposes.



The Parliament of Western Australia enacts as follows:




                                                                page 1
     Civil Liability Bill 2002
     Part 1             Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.         Short title
                This Act may be cited as the Civil Liability Act 2002.

     2.         Commencement
5         (1)   This Act comes into operation on a day fixed by
                proclamation.
          (2)   Different days may be fixed under subsection (1) for
                different provisions.

     3.         Meaning of "personal injury damages"
10              In this Act, unless the contrary intention appears --
                "personal injury damages" means damages that relate to the
                     death of, or injury to, a person caused by the fault of another
                     person, but does not include a sum payable under a
                     superannuation scheme or any life or other insurance policy.

15   4.         Varying amounts to reflect award rate changes
          (1)   This section applies if a provision of this Act requires
                the amount that is relevant for a particular financial year
                (in this section called "the relevant financial year") to
                be obtained by varying the corresponding amount for the
20              preceding financial year (in this section called "the
                preceding financial year") according to this section.
          (2)   The amount for the relevant financial year is obtained --
                 (a) by varying the amount for the preceding financial year by
                      the percentage by which the amount that the Australian
25                    Statistician published as the Wage Cost Index, ordinary
                      time hourly rates of pay (excluding bonuses) for Western
                      Australia (in this subsection called "the WCI") varied
                      between the last December quarter before the preceding
                      financial year commenced and the last December quarter
30                    before the relevant financial year commenced; or


     page 2
                                                           Civil Liability Bill 2002
                                                      Preliminary             Part 1

                                                                                s. 5



                 (b)   if the calculation under paragraph (a) cannot be
                       performed for a financial year because the WCI for a
                       relevant quarter was not published, by varying the
                       amount for the preceding financial year in accordance
5                      with the regulations,
                and, if necessary, rounding the resulting amount off under
                subsection (3).
          (3)   If the amount resulting under subsection (2)(a) or (b) is not a
                multiple of $500 it is to be rounded off to the nearest multiple of
10              $500 (with an amount that is $250 more than a multiple of $500
                being rounded off to the next highest multiple of $500).

     5.         Act binds Crown
                This Act binds the Crown in right of the State and, in so far as
                the legislative power of Parliament permits, the Crown in all its
15              other capacities.




                                                                             page 3
     Civil Liability Bill 2002
     Part 2          Personal injury damages
     Division 1      Preliminary
     s. 6



                    Part 2 -- Personal injury damages
                            Division 1 -- Preliminary
     6.         Application of this Part
          (1)   This Part applies to the awarding of personal injury damages
5               unless this section states otherwise.
          (2)   This Part extends to an award of personal injury damages even
                if the damages are sought to be recovered in an action for
                breach of contract or any other action.
          (3)   This Part does not apply to --
10               (a) an award of damages relating to the death of, or injury
                       to, a person caused by --
                          (i) an unlawful intentional act that is done with an
                                intention to cause the death of, or injury to, a
                                person, whether or not a particular person; or
15                       (ii) an intentional act the doing of which is a sexual
                                offence as defined in the Evidence Act 1906
                                section 36A or sexual conduct that is otherwise
                                unlawful;
                 (b) an award of damages to which the Motor Vehicle (Third
20                     Party Insurance) Act 1943 applies;
                 (c) an award of damages to which the Workers' Compensation
                       and Rehabilitation Act 1981 Part IV Division 2 applies;
                 (d) an award of damages under the Civil Aviation (Carriers'
                       Liability) Act 1961 (including the applied provisions as
25                     defined in that Act);
                 (e) an award of damages relating to any death or injury that
                       is attributable to the inhalation of asbestos; or
                  (f) an award of damages of a class that the regulations
                       exclude from the operation of this Part.



     page 4
                                                                 Civil Liability Bill 2002
                                              Personal injury damages               Part 2
                Restrictions on damages for non-pecuniary loss (general        Division 2
                                                             damages)
                                                                                       s. 7


          (4)     This Part applies only if the personal injury arises out of an
                  incident happening after the commencement of this Part.
          (5)     If --
                    (a)    it cannot be ascertained whether or not the incident out
5                          of which the personal injury arises happened after the
                           commencement of this Part; and
                    (b)    the symptoms of the injury first appeared after the
                           commencement of this Part,
                  the incident is to be taken, for the purpose of subsection (4), to
10                have happened after the commencement of this Part.

     7.           Court awards constrained
                  A court cannot award damages contrary to Division 2 or 3.

     8.           Act does not give rise to any cause of action
                  This Act does not create or confer any cause of civil action for
15                the recovery of damages in respect of an injury or death caused
                  by the fault of a person.

      Division 2 -- Restrictions on damages for non-pecuniary loss
                           (general damages)
     9.           Restrictions on damages for non-pecuniary loss (general
20                damages)
          (1)     If the amount of non-pecuniary loss is assessed to be not more
                  than Amount A for the year in which the amount is assessed, no
                  damages are to be awarded for non-pecuniary loss.
          (2)     If the amount of non-pecuniary loss is assessed to be more than
25                Amount A but not more than Amount C for the year in which
                  the amount is assessed, damages for non-pecuniary loss are not
                  to be awarded in an amount that is more than the excess of the
                  amount assessed over Amount A.



                                                                                    page 5
     Civil Liability Bill 2002
     Part 2          Personal injury damages
     Division 2      Restrictions on damages for non-pecuniary loss (general
                     damages)
     s. 10


           (3)   If the amount of non-pecuniary loss is assessed to be more than
                 Amount C but less than the sum of Amount A and Amount C
                 for the year in which the amount is assessed, damages for
                 non-pecuniary loss are not to be awarded in an amount that is
5                more than the excess of the amount assessed over the amount
                 calculated as follows --
                         Amount A -- (Amount assessed -- Amount C)
           (4)   In this section --
                 "Amount A" has the meaning given by section 10;
10               "Amount C" has the meaning given by section 10;
                 "non-pecuniary loss" means --
                      (a) pain and suffering;
                      (b) loss of amenities of life;
                      (c) loss of enjoyment of life;
15                    (d) curtailment of expectation of life; and
                      (e) bodily or mental harm.

     10.         Amount A and Amount C
           (1)   For the financial year ending on 30 June 2003 --
                  (a)   Amount A is $12 000; and
20                (b)   Amount C is $36 500.
           (2)   For any other financial year --
                  (a) Amount A is obtained by varying Amount A for the
                        preceding financial year according to section 4; and
                  (b) Amount C is obtained by varying Amount C for the
25                      preceding financial year according to section 4.
           (3)   On or before each 1 July after this section commences, the
                 Minister is to publish a notice in the Gazette specifying the
                 amounts that are Amount A and Amount C for the financial year
                 commencing on that 1 July.


     page 6
                                                             Civil Liability Bill 2002
                                           Personal injury damages              Part 2
                                   Fixing damages for pecuniary loss       Division 3
                                                                                  s. 11



           (4)   Publication under subsection (3) is for public information only
                 and a failure to publish or a delay or error in publication does
                 not affect what is Amount A or Amount C for the year
                 concerned.

5                Division 3 -- Fixing damages for pecuniary loss
     11.         Damages for loss of earnings
           (1)   In assessing damages for loss of earnings, including in an action
                 under the Fatal Accidents Act 1959, the court is to disregard
                 earnings lost to the extent that they would have accrued at a rate
10               of more than 3 times the average weekly earnings at the date of
                 the award.
           (2)   In subsection (1) --
                 "loss of earnings" means --
                      (a) past economic loss due to loss of earnings or the
15                          deprivation or impairment of earning capacity; or
                      (b) future economic loss due to loss of prospective
                            earnings or the deprivation or impairment of
                            prospective earning capacity.
           (3)   For the purpose of this section, the average weekly earnings at
20               the date of the award is --
                   (a) the amount estimated by the Australian Statistician as
                         the average weekly total earnings of full-time adult
                         employees in Western Australia for the quarter ending
                         most recently before the date of the award for which
25                       such an amount has been estimated by the Australian
                         Statistician and is, at that date, available to the court
                         making the award; or




                                                                                page 7
     Civil Liability Bill 2002
     Part 2          Personal injury damages
     Division 3      Fixing damages for pecuniary loss
     s. 12



                  (b)   if the Australian Statistician ceases to make the estimate
                        of the amount referred to in paragraph (a), the amount
                        fixed by, or determined in accordance with, the
                        regulations.

5    12.         Damages for provision of home care services
           (1)   This section deals with the awarding of damages for gratuitous
                 services of a domestic nature or gratuitous services relating to
                 nursing and attendance that have been or are to be provided to
                 the person in whose favour the award is sought by a member of
10               the same household or family as the person.
           (2)   No damages are to be awarded for the services if the services
                 would have been, or would be, provided to the person even if
                 the person had not suffered the personal injury.
           (3)   If the amount of damages that could, if this subsection did not
15               apply, be awarded under subsection (5) or (7) is Amount B or
                 less, no damages are to be awarded for the services.
           (4)   In subsection (3) --
                 "Amount B" has the meaning given by section 13.
           (5)   If the services are provided or to be provided for not less than
20               40 hours per week, the amount of damages awarded for them is
                 not to exceed the amount calculated on a weekly basis at the
                 rate of --
                   (a) the amount estimated by the Australian Statistician as
                          the average weekly total earnings of all employees in
25                        Western Australia for the relevant quarter; or
                   (b) if the Australian Statistician ceases to make the estimate
                          referred to in paragraph (a), the weekly amount fixed by,
                          or determined in accordance with, the regulations.
           (6)   In subsection (5)(a) --
30               "the relevant quarter" means --
                      (a) the quarter in which the services were provided; or

     page 8
                                                              Civil Liability Bill 2002
                                          Personal injury damages                Part 2
                                             Structured settlements         Division 4
                                                                                   s. 13



                     (b)   if at the date of the award an estimate as referred to in
                           subsection (5)(a) is not available to the court for that
                           quarter or the services are yet to be provided, the
                           most recent quarter for which such an estimate is
5                          available to the court at the date of the award.
           (7)   If the services are provided or to be provided for less than
                 40 hours per week, the amount of damages awarded for them is
                 not to exceed the amount calculated on an hourly basis at an
                 hourly rate that is one-fortieth of the weekly rate that would be
10               applicable under subsection (5) if the services were provided or
                 to be provided for not less than 40 hours per week.

     13.         Amount B
           (1)   Amount B for the financial year ending on 30 June 2003 is
                 $5 000.
15         (2)   For any other financial year, Amount B is obtained by varying
                 Amount B for the preceding financial year according to
                 section 4.
           (3)   On or before each 1 July after this section commences, the
                 Minister is to publish a notice in the Gazette specifying the
20               amount that is Amount B for the financial year commencing on
                 that 1 July.
           (4)   Publication under subsection (3) is for public information only
                 and a failure to publish or a delay or error in publication does
                 not affect what is Amount B for the year concerned.
25                      Division 4 -- Structured settlements
     14.         Meaning of "structured settlement"
                 In this Division --
                 "structured settlement" means an agreement that provides for
                      all or part of the damages agreed or awarded to be paid in
30                    the form of periodic payments funded by an annuity or
                      other agreed means.

                                                                                 page 9
    Civil Liability Bill 2002
    Part 2          Personal injury damages
    Division 4      Structured settlements
    s. 15



    15.         Consent order for structured settlement
          (1)   This section applies if the parties to a claim for personal injury
                damages make a structured settlement and apply to the court
                hearing, or with jurisdiction to hear, the claim for an order
5               approving of, or in the terms of, the structured settlement.
          (2)   The court may make the order even though the payment of
                damages is not in the form of a lump sum.




    page 10
                                                                Civil Liability Bill 2002
           Advertising legal services relating to personal injury and              Part 3
                                                               touting

                                                                                   s. 16


     Part 3 -- Advertising legal services relating to personal
                      injury and touting
     16.       Meanings of terms used in this Part
               In this Part, unless the contrary intention appears --
5              "client", of a legal practitioner, includes a person who makes a
                    genuine inquiry of a legal practitioner about a personal
                    injury;
               "hospital" includes --
                    (a) any premises used for receiving, caring for, or
10                         treating, persons who are injured, sick, or mentally
                           ill;
                    (b) any premises used for providing a service for
                           maintaining, improving, or restoring, a person's
                           health and wellbeing; and
15                  (c) any land or building occupied or used in connection
                           with premises described in paragraph (a) or (b);
               "legal practitioner" has the meaning that is assigned to
                    "practitioner" in the Legal Practitioners Act 1893;
               "potential claimant" means --
20                  (a) a person who suffers, or may suffer, personal injury
                           arising out of an incident; or
                    (b) another person who has, or may have, a claim arising
                           out of that personal injury;
               "printed publication" includes a newspaper, magazine,
25                  journal, periodical, or directory;
               "public place" means a place or vehicle that --
                    (a) the public, or a section of the public, is entitled to
                           use; or




                                                                                 page 11
     Civil Liability Bill 2002
     Part 3          Advertising legal services relating to personal injury and touting

     s. 17



                     (b)   is open to, or is being used by, the public or a section
                           of the public,
                     whether on payment of money, through membership of a
                     club or other body, or otherwise;
5                "publish" means --
                     (a) to include in a printed publication;
                     (b) to disseminate by the exhibition or broadcast of a
                           photograph, slide, film, video recording, audio
                           recording or other recording of images or sound,
10                         either as a public exhibition or broadcast or as an
                           exhibition or broadcast to persons attending a place
                           for the purposes of receiving professional advice,
                           treatment, or assistance;
                     (c) to broadcast by radio or for television;
15                   (d) to include on an internet website or otherwise
                           publicly disseminate by means of the internet;
                     (e) to publicly exhibit in, on, over, or under, any
                           building, vehicle, or place, or in the air, in view of
                           persons in or on any street or public place;
20                    (f) to include in a document gratuitously sent or
                           delivered to any person or thrown or left on premises
                           occupied by any person or left on a vehicle; or
                     (g) to include in a document provided to a person as a
                           receipt or record for a transaction.

25   17.         Restriction on advertising legal services relating to personal
                 injury
           (1)   A legal practitioner or a person acting for a legal practitioner
                 must not publish or cause to be published a statement that may
                 reasonably be thought to be intended or likely to encourage or
30               induce a person --
                   (a) to make a claim under any Act or law for compensation
                         or damages for a personal injury; or


     page 12
                                                            Civil Liability Bill 2002
       Advertising legal services relating to personal injury and              Part 3
                                                           touting

                                                                               s. 17


             (b)    to use the services of the legal practitioner, or another
                    named legal practitioner or a named firm of legal
                    practitioners in connection with the making of a claim
                    mentioned in paragraph (a),
5          except if section 18 allows publication of the statement.
           Penalty: $10 000.
     (2)   A legal practitioner or a person acting for a legal practitioner
           does not contravene subsection (1) only because of --
             (a) a statement made --
10                    (i) to a person who is already a client of the legal
                           practitioner or in an agreement under the Legal
                           Practitioners Act 1893 section 59;
                     (ii) to a person at the legal practitioner's place of
                           business; or
15                  (iii) under an order by a court;
                   or
            (b) a statement made on the legal practitioner's internet
                   website that is limited to statements about --
                      (i) the operation of the law of negligence and a
20                         person's legal rights under that law; and
                     (ii) the conditions under which the legal practitioner
                           is prepared to provide personal injury services.
     (3)   The liability of a legal practitioner who contravenes
           subsection (1) to the penalty provided under that subsection
25         does not prevent the legal practitioner from being charged with,
           or found guilty of, unprofessional conduct because of the
           conduct involved in the contravention.
     (4)   Subsection (1) does not apply to a statement made in an edition
           published before the commencement of this section.




                                                                             page 13
     Civil Liability Bill 2002
     Part 3          Advertising legal services relating to personal injury and touting

     s. 18



     18.         Allowed publication
           (1)   Except as stated in subsection (3), the publication of a statement
                 that states only the name of a legal practitioner or a firm of legal
                 practitioners and the contact details of the legal practitioner or
5                firm, with or without information as to any area of practice,
                 speciality, or accreditation, of the legal practitioner or firm, is
                 allowed if it is --
                    (a) in a printed publication;
                   (b) by publishing on an internet website an electronic
10                        version merely reproducing a statement in a printed
                          publication that is published independently of a legal
                          practitioner;
                    (c) part of the publication on an internet website of the
                          contents of a directory or database that is published or
15                        maintained independently of a legal practitioner;
                   (d) by public exhibition in, on, over, or under, any building,
                          vehicle, or place, or in the air, in view of persons in or
                          on any street or public place;
                    (e) in a printed document gratuitously sent or delivered to
20                        any person or thrown or left on premises occupied by
                          any person or left on a vehicle; or
                    (f) in a printed document provided to a person as a receipt
                          or record relating to a transaction.
           (2)   For the purposes of subsection (1)(b) or (c), a printed
25               publication, directory, or database is published or maintained
                 independently of a legal practitioner only if --
                   (a) it is not published or maintained by the legal practitioner
                         or by a partner, employee or member of the legal
                         practitioner's practice; and
30                 (b) the person who publishes or maintains it does so in the
                         ordinary course of the conduct of the person's business
                         or affairs.


     page 14
                                                                  Civil Liability Bill 2002
             Advertising legal services relating to personal injury and              Part 3
                                                                 touting

                                                                                     s. 19


           (3)   Subsection (1) does not allow the publication of a statement --
                  (a) by public exhibition in or on a hospital; or
                  (b) in a printed document gratuitously sent or delivered to a
                        hospital or left in a hospital or on a vehicle in the
5                       vicinity of a hospital.

     19.         Prohibition on touting at scene of incidents or at any time
           (1)   At the scene of an incident from which a person allegedly
                 suffered personal injury or at a hospital after an incident from
                 which a person allegedly suffered personal injury --
10                 (a) a person attending must not solicit or induce a potential
                         claimant involved in the incident to make a claim; and
                   (b) a person, other than a person attending, must not solicit
                         or induce, in a way that would be unreasonable in the
                         circumstances, a potential claimant involved in the
15                       incident to make a claim.
                 Penalty: $10 000.
           (2)   In any circumstances after an incident from which a person
                 allegedly suffered personal injury --
                   (a) a person attending; or
20                 (b) a person obtaining information,
                 must not give a potential claimant involved in the incident, or
                 someone on the potential claimant's behalf, any information
                 described in subsection (4).
                 Penalty: $10 000.
25         (3)   In any circumstances after an incident from which a person
                 allegedly suffered personal injury, a person having contact
                 whose contact directly involves --
                   (a) the treatment or management of the injury or its
                         physical, psychiatric, or psychological consequences; or



                                                                                   page 15
     Civil Liability Bill 2002
     Part 3          Advertising legal services relating to personal injury and touting

     s. 19



                 (b)    the provision of administrative or other support to a
                        person whose contact directly involves anything referred
                        to in paragraph (a),
               must not give a potential claimant (whether or not the potential
5              claimant involved in the incident) or someone on the potential
               claimant's behalf, any information described in subsection (4)
               except if subsection (5) allows the information to be given.
               Penalty: $10 000.
        (4)    The information the giving of which may be an offence under
10             subsection (2) or (3) is the name, address, or telephone number
               of --
                 (a) a particular legal practitioner or firm of legal
                      practitioners; or
                 (b) an employee or agent of the legal practitioner or firm.
15      (5)    Information described in subsection (4) may be given as
               described in subsection (3) if --
                 (a) the information is given while simultaneously giving
                      similar information about, or about an employee or
                      agent of, each of at least 3 competing legal practitioners
20                    or firms; or
                 (b) the information is given on behalf of an association in
                      order to help a person to make use of an arrangement
                      that the association has, as a service to its members,
                      made with a particular legal practitioner or firm of legal
25                    practitioners.
        (6)    When counting how many competing legal practitioners or
               firms there are for the purposes of subsection (5)(a), 2 or more
               legal practitioners who are members of the same firm count as
               one.
30      (7)    In any circumstances after an incident from which a person
               allegedly suffered personal injury --
                 (a) a person attending;

     page 16
                                                            Civil Liability Bill 2002
       Advertising legal services relating to personal injury and              Part 3
                                                           touting

                                                                               s. 19


             (b)    a person obtaining information; or
             (c)    a person having contact,
           must not disclose the name or address of a person involved in
           the incident to anyone except if subsection (8), (9), or (10)
5          allows the disclosure.
           Penalty: $10 000.
     (8)   The name or address of a person involved in the incident may
           be disclosed to --
             (a) a police officer;
10           (b) a person to whom the disclosure is required under a law;
             (c) a potential claimant involved in the incident or the
                   potential claimant's legal practitioner or agent;
             (d) the employer of the person making the disclosure, if that
                   person is attending or attended at the scene of the
15                 incident for the purpose of the person's employment and
                   the employer requires the person to disclose the
                   information on grounds that are reasonable in the
                   circumstances; or
             (e) a person ("insurer") who carries on the business of
20                 providing insurance for people or property, or someone
                   who is acting as the insurer's legal practitioner or agent.
     (9)   The name or address of a person involved in the incident may
           be disclosed to a legal practitioner if --
             (a) the person making the disclosure is a client of the legal
25                 practitioner for the purpose of making a claim or
                   exercising a legal right, whatever its nature, arising out
                   of the incident;
             (b) in the circumstances, it is reasonable for the person
                   making the disclosure to think that the person may have
30                 a claim or a legal right; and
             (c) the disclosure is made for the purpose of making the
                   claim or exercising the legal right.

                                                                             page 17
     Civil Liability Bill 2002
     Part 3          Advertising legal services relating to personal injury and touting

     s. 20



       (10)      The name or address of a person involved in the incident may
                 be disclosed if the disclosure is not likely to result in a potential
                 claimant involved in the incident being solicited or induced to
                 make a claim.
5      (11)      In this section --
                 "person attending" means a person who, for the purpose of the
                      person's employment, is attending or attended --
                      (a) at the scene of the incident from which a person
                             allegedly suffered personal injury; or
10                    (b) at a hospital after an incident from which a person
                             allegedly suffered personal injury;
                 "person having contact" means a person who, for the purpose
                      of the person's employment, has contact with a potential
                      claimant, whether or not the potential claimant involved in
15                    the incident, that substantially arises because of the incident
                      from which a person allegedly suffered personal injury;
                 "person obtaining information" means a person who, for the
                      purpose of the person's employment, obtains information
                      about the incident from which a person allegedly suffered
20                    personal injury.

     20.         Prohibition against paying, or seeking payment, for touting
           (1)   A person must not provide or offer to provide, or receive or seek
                 to receive, a fee for the soliciting or inducing of a potential
                 claimant to make a claim.
25               Penalty: $10 000.
           (2)   A person does not commit an offence against subsection (1) if
                 the fee is for a person who is not a legal practitioner and is not
                 acting for a legal practitioner, in the ordinary course of business
                 as an advertiser or publisher, advertising legal services about
30               claims.




     page 18
                                                                  Civil Liability Bill 2002
             Advertising legal services relating to personal injury and              Part 3
                                                                 touting

                                                                                     s. 21


           (3)   A person does not commit an offence against subsection (1) if
                 the fee is for professional services provided by a person who is
                 a legal practitioner or is acting for a legal practitioner to the
                 potential claimant in the process of making a claim.
5          (4)   In this section --
                 "fee" includes the following --
                      (a) a bonus, commission, cash payment, deduction,
                             discount, rebate, remission or other valuable
                             consideration;
10                    (b) employment, or an agreement to give employment, in
                             any capacity.

     21.         Consequences if person approved under an Act is convicted
                 under section 19 or 20
           (1)   This section applies to a person if --
15                 (a)    under an Act ("the relevant Act") --
                            (i) the person is approved for a profession or a kind
                                 of employment or calling; or
                           (ii) activities for the person's profession,
                                 employment, or calling are regulated;
20                        and
                   (b)    under the relevant Act, the person's approval may be
                          suspended or cancelled for misconduct.
           (2)   If the person is convicted of an offence against section 19 or 20,
                 the conduct resulting in the person's conviction is conduct
25               because of which the person's approval may be suspended or
                 cancelled under the relevant Act.
           (3)   In this section --
                 "approved" includes accredited, authorised, employed,
                      licensed, registered or otherwise permitted to carry on
30                    activities;


                                                                                   page 19
    Civil Liability Bill 2002
    Part 3          Advertising legal services relating to personal injury and touting

    s. 21



              "convicted" includes being found guilty, and the acceptance of
                  a plea of guilty, by a court, whether or not a conviction is
                  recorded;
              "misconduct" includes malpractice, professional misconduct
5                 and unprofessional conduct or practice.




    page 20
                                                    Civil Liability Bill 2002
                                             Other matters             Part 4

                                                                       s. 22



                     Part 4 -- Other matters
    22.   Regulations
          The Governor may make regulations prescribing all matters that
          are required or permitted by this Act to be prescribed, or are
5         necessary or convenient to be prescribed for giving effect to the
          purposes of this Act.




                                                                     page 21
Civil Liability Bill 2002



Defined Terms



                                            Defined Terms
            [This is a list of terms defined and the provisions where they are defined.
                                   The list is not part of the law.]
      Defined Term                                                                                          Provision(s)
      Amount A ................................................................................................... 9(4)
      Amount B ..................................................................................................12(4)
      approved ....................................................................................................21(3)
      client.............................................................................................................. 16
      convicted....................................................................................................21(3)
      fee..............................................................................................................20(4)
      hospital .......................................................................................................... 16
      insurer........................................................................................................19(8)
      legal practitioner ............................................................................................ 16
      loss of earnings ..........................................................................................11(2)
      misconduct.................................................................................................21(3)
      non-pecuniary loss....................................................................................... 9(4)
      person attending .......................................................................................19(11)
      person having contact ...............................................................................19(11)
      person obtaining information ....................................................................19(11)
      personal injury damages ................................................................................... 3
      potential claimant ........................................................................................... 16
      printed publication ......................................................................................... 16
      public place.................................................................................................... 16
      publish ........................................................................................................... 16
      structured settlement....................................................................................... 14
      the preceding financial year ......................................................................... 4(1)
      the relevant Act ..........................................................................................21(1)
      the relevant financial year............................................................................ 4(1)
      the relevant quarter.....................................................................................12(6)
      the WCI ...................................................................................................... 4(2)




 


[Index] [Search] [Download] [Related Items] [Help]