Personal Injuries Proceedings Act 2002

A person (the first person) must not personally approach or contact another person (the second person) and solicit or induce the second person to make a claim.Maximum penalty—300 penalty units.

For subsection (1), a person personally approaches or contacts another person if the person contacts the other person—

whether in person or by mail, telephone, email or another form of electronic communication; and

whether the other person is contacted individually or as a member of a class of persons.

This section does not apply if—

the first person—

does not expect or intend to receive, and does not receive, consideration because of the approach or contact; and

does not ask for someone else to receive, or agree to someone else receiving, consideration because of the approach or contact; or

both of the following apply—

the first person is a law practice or lawyer that is supplying, or has previously supplied, the second person, or a relative of the second person, with legal services;

the first person reasonably believes the second person will not object to the approach or contact; or

the first person—

is a law practice or lawyer that has been asked by a person on behalf of a community legal service or industrial organisation (a representative) to approach or contact the second person; and

has been advised by the representative that the representative reasonably believes the second person will not object to the approach or contact.

This section applies regardless of whether—

the second person is entitled to make the claim; or

the second person had already decided to make, or had made, the claim.

In this section—