Health & Aged Care News Alert: New Regulations for Personal Injuries Claims in Queensland
The Queensland Government has introduced new Regulations for the Personal Injuries Proceedings Act 2002 (Qld) and the Civil Liability Act 2003 (Qld), which commenced on 1 July 2014. The new Regulations replace the earlier Personal Injuries Proceedings Regulation 2002 (Qld) and the Civil Liability Regulation 2003 (Qld), both of which were due to expire on 1 September 2014.
The new Regulations can be viewed on the Office of the Queensland Parliamentary Counsel’s website at www.legislation.qld.gov.au.
What are the key amendments to the new Regulations?
- The Civil Liability Regulation 2014 (Qld) includes calculation provisions for general damages for injuries arising on or after 1 July 2014 and updates the listed entities in Schedules 1 and 2, to whom civil liability does not attach in certain circumstances, to include the North Queensland Helicopter Rescue Service and the Royal Flying Doctor Service Queensland Section; and
- The Personal Injuries Proceedings Regulation 2014 (Qld) makes a number of minor amendments to the language of the original Regulation and amends the notice of claim provisions, for example, in relation to a dependent’s relationship status and to update references to a complaint made to the Health Ombudsman under the Health Ombudsman Act 2013 (Qld). The Regulation also updates the provisions which determine when legal costs are recoverable under the Personal Injuries Proceedings Act 2002 (Qld) to take into account injuries sustained on and from 1 July 2014.
Should you have any queries in relation to the new Regulations, please contact the Brisbane Health team.
Katharine Philp, Partner