Personal Injuries Proceedings Act 2002

This Act may be cited as the Personal Injuries Proceedings Act 2002.

This Act is taken to have commenced on 18 June 2002.

A note in the text of this Act is part of the Act.

The main purpose of this Act is to assist the ongoing affordability of insurance through appropriate and sustainable awards of damages for personal injury.

The main purpose is to be achieved generally by—

providing a procedure for the speedy resolution of claims for damages for personal injury to which this Act applies; and

promoting settlement of claims at an early stage wherever possible; and

ensuring that a person may not start a proceeding in a court based on a claim without being fully prepared for resolution of the claim by settlement or trial; and

putting reasonable limits on awards of damages based on claims; and

minimising the costs of claims; and

regulating inappropriate advertising and touting; and

establishing measures directed at eliminating or reducing the practice of giving or receiving consideration for a claim referral or potential claim referral, or soliciting or inducing a claimant to make a claim, in contravention of this Act.

This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States, unless otherwise provided.

However, the Commonwealth or a State can not be prosecuted for an offence against this Act.

This Act applies in relation to all personal injury arising out of an incident whether happening before, on or after 18 June 2002.

However, this Act does not apply to—

personal injury within the meaning of the Motor Accident Insurance Act 1994 and in relation to which that Act applies; or

accidental bodily injury caused by, through, or in connection with a motor vehicle, within the meaning of the Motor Vehicles Insurance Act 1936, and in relation to which that Act applies; or

injury within the meaning of the Workers’ Compensation and Rehabilitation Act 2003 and in relation to which that Act applies, but only to the extent that an entitlement to seek damages within the meaning of that Act for the injury is regulated by chapter 5 of that Act; orExample for paragraph (c)—

W, a worker employed by E, sustains an injury in the course of employment. The injury is caused by a design fault in a machine designed by X Company.

If, as a result of sustaining the injury, W seeks damages against E, W must comply with the pre-court procedures under the Workers’ Compensation and Rehabilitation Act 2003 before starting a proceeding in a court for damages against E. This Act does not require W to comply with pre-court procedures under this Act in seeking damages against E.

If, as a result of sustaining the injury, W seeks damages against X Company, W must comply with the pre-court procedures under this Act before starting a proceeding in a court for damages against X Company.

injury within the meaning of the WorkCover Queensland Act 1996 and in relation to which that Act applies, but only to the extent that an entitlement to seek damages within the meaning of that Act for the injury is regulated by chapter 5 of that Act; or

injury within the meaning of the Workers’ Compensation Act 1990 suffered on or after 1 January 1996 and in relation to which that Act applies, but only to the extent that an entitlement to seek damages within the meaning of that Act for the injury is regulated by part 11 of that Act; or

injury within the meaning of the Workers’ Compensation Act 1990 suffered before 1 January 1996 and in relation to which that Act applies, but only to the extent that the injury suffered created, independently of that Act, a legal liability in the employer of the person suffering the injury for which the employer was indemnified under that Act in relation to the injury or required by that Act to be so indemnified; or

injury within the meaning of the Workers’ Compensation Act 1916 and in relation to which that Act applies, but only to the extent that the injury suffered created, independently of that Act, a legal liability in the employer of the person to pay damages in relation to the injury.

Also, this Act does not apply to—

personal injury in relation to which a proceeding was started in a court, including in a court outside Queensland or Australia, before 18 June 2002; or

personal injury that is a dust-related condition.

In addition, sections 40(2) and 56 do not apply to personal injury if the act causing the personal injury is an unlawful intentional act done with intent to cause personal injury or is unlawful sexual assault or other unlawful sexual misconduct.

Further, this Act does not affect the seeking, or the recovery or award, of damages or financial assistance in relation to personal injury under any of the following—

the Anti-Discrimination Act 1991, section 209(1)(b);

the Civil Aviation (Carriers’ Liability) Act 1964, including the applied provisions as defined under that Act;

the Victims of Crime Assistance Act 2009;

the repealed Criminal Offence Victims Act 1995, as it continues to apply under the Victims of Crime Assistance Act 2009, chapter 6, part 2;

the Criminal Code, repealed section 663D, as it continues to apply under the Victims of Crime Assistance Act 2009, chapter 6, part 2.

This section does not affect the general application of chapter 3, part 1 or 2.

In subsection (4)—

act includes omission.

Provisions of this Act that provide for the kinds of damage, and the amount of damages, that may be recovered by a person, and the provisions of chapter 2, part 1, divisions 1, 1A, 2 and 4, are provisions of substantive, as opposed to procedural, law.

Despite subsection (1), notice of a claim is to be given in the form approved for a notice of a claim when the notice is given.

Also, subsection (2) has effect for notice of a claim given before the commencement of this subsection.

The dictionary in schedule 1 defines particular words used in this Act.

In this division, a reference to a claimant includes a reference to a potential claimant.

A law practice certificate is a certificate in a form approved by the commissioner that states the matters mentioned in subsections (2) to (4).

The certificate must state—

the supervising principal and each associate of the law practice have not—

given, agreed to give or allowed or caused someone to give consideration to another person for a claim referral or potential claim referral for the claim in contravention of section 71(1); or

received, agreed to receive or allowed or caused someone else to receive consideration from another person for a claim referral or potential claim referral for the claim in contravention of section 71(2); or

if the supervising principal believes section 71 does not apply because of section 71(3)—the reasons for the belief.

Also, the certificate must state—

the supervising principal and each associate of the law practice have not personally approached or contacted the claimant and solicited or induced the claimant to make the claim in contravention of section 71B; or

if the supervising principal believes section 71B does not apply because of section 71B(3)—the reasons for the belief.

In addition, if the claim is a speculative personal injury claim, the certificate must state the costs agreement relating to the claim complies with section 71E or the Legal Profession Act 2007, section 347.

The law practice certificate must be signed by the supervising principal and verified by statutory declaration.

To remove any doubt, it is declared that this section does not require or permit the supervising principal of a law practice to give information about communication with a claimant that is subject to legal professional privilege.

In this section—

consideration, for a claim referral or potential claim referral, see section 71A.

speculative personal injury claim see the Legal Profession Act 2007, section 346.

This section applies if a law practice is retained by a claimant to act in relation to the claimant’s claim before—

the claimant has given notice of the claim under section 9 or 9A; or

an urgent proceeding for the claim is started under division 5.

The supervising principal of the law practice must—

complete a law practice certificate for the claim; and

give the certificate to the claimant before the claimant gives notice of the claim or the urgent proceeding is started.

Maximum penalty—300 penalty units.

This section applies if the supervising principal of a law practice can not comply with section 8C, 8F, 9C, 13A or 61 in relation to a claim.

Either of the following may complete and give the law practice certificate or notice mentioned in section 8F(3) for the supervising principal to satisfy the section—

another principal of the law practice;

if the supervising principal is the only principal of the law practice—a lawyer nominated by the supervising principal.