Personal Injuries Proceedings Regulation 2025

This regulation may be cited as the Personal Injuries Proceedings Regulation 2025.

This regulation commences on 1 September 2025.

The dictionary in schedule 2 defines particular words used in this regulation.

For section 9(2)(a) of the Act, the information required to be stated in a notice of claim—

is mentioned in schedule 1, part 1; and

for a dependency claim—includes the information mentioned in schedule 1, part 2; and

for a health care claim—includes the information mentioned in schedule 1, part 3.

For section 9(2)(b) of the Act, the specified records and sources of information relevant to the claim are—

if the personal injury to which the claim relates aggravated a pre-existing injury or condition—

any records in the possession of any insurer involved in the claim for the pre-existing injury or condition that are relevant to the pre-existing injury or condition; and

any reports or clinical notes in the possession of a health care provider who treated or assessed the injured person for the pre-existing injury or condition; and

records in the possession of a relevant entity or the Motor Accident Insurance Commission that are relevant to—

an investigation of the incident alleged to have given rise to the personal injury to which the claim relates; or

an assessment of the injured person’s economic loss; and

reports and clinical notes in the possession of a hospital, including a private hospital, at which the injured person received treatment that are relevant to the personal injury to which the claim relates; and

records in the possession of an ambulance or other emergency service that treated or assisted the injured person that are relevant to the personal injury to which the claim relates; and

reports or clinical notes in the possession of a health care provider who treated or assessed the injured person that are relevant to the personal injury to which the claim relates; and

wage, leave and work history records in the possession of an employer (or a previous employer) of the injured person and, if the claim is a dependency claim, of each dependant; and

academic records in the possession of any educational institution attended by the injured person and, if the claim is a dependency claim, of each dependant.

In this section—

Motor Accident Insurance Commission means the entity of that name established under the Motor Accident Insurance Act 1994, section 6.

relevant entity means a department, agency or instrumentality of the Commonwealth, the State or another State administering the law relating to policing, social welfare, taxation or transport.

For section 9(2)(d) of the Act, this section provides for the documents required to accompany a notice of a claim.

Part 1 of the notice of the claim must be accompanied by each of the following documents—

the claimant’s certificate, subject to subsection (3);

for a claim, other than a health care claim—a copy of any certificate signed by a doctor relevant to the personal injury to which the claim relates that is in the claimant’s possession;

for a dependency claim—a copy of the injured person’s death certificate;

for a health care claim—the following documents in the claimant’s possession—

a copy of any advice or warnings provided to the injured person by a health care provider about the treatment alleged to have given rise to the personal injury to which the claim relates;

a copy of any consent provided to the health care provider by the injured person about the treatment alleged to have given rise to the personal injury to which the claim relates.

If the notice of the claim is signed by the claimant’s lawyer under section 44(3) of the Act, the claimant’s certificate must accompany the notice of the claim signed and given by the claimant under section 44(4) of the Act.

Part 2 of the notice of the claim must be accompanied by a copy of any other document in the claimant’s possession that is relevant to the personal injury, economic loss, treatment or rehabilitation to which the claim relates.

A claimant’s certificate for a notice of a claim is a certificate, complying with subsection (2), that states—

whether the claimant is making the claim on the claimant’s own initiative; and

whether or not the claimant was personally approached or contacted by a person and solicited or induced to make the claim; and

if the claimant was personally approached or contacted by a person and solicited or induced to make the claim—

the name of the person who approached or contacted the claimant; and

the circumstances in which the person approached or contacted the claimant; and

if the claimant has instructed a law practice to act for the claimant in relation to the claim—whether the claimant knows if the law practice gave consideration to a person for referring the claimant to the law practice.

A claimant’s certificate must be—

in a form approved by the commissioner; and

verified by statutory declaration.

For section 9(7) of the Act, this section prescribes the period in which a person given part 1 of a notice of a claim must—

give a copy of the notice to another person (the other party) against whom a proceeding might be started by the claimant based on the claim; and

advise the claimant about the other party under section 9(7)(b) of the Act.

The period prescribed is the period ending on the later of the following days—

the day that is 1 month after the day the person is given part 1 of the notice of the claim;

the day that is 7 days after the day the person identifies the other party.

This section provides for giving a claimant’s notice of a claim electronically to a proposed respondent for section 44(5) of the Act.

If the proposed respondent has given the claimant a written notice stating an electronic address for receiving the notice of the claim, the notice of the claim may be given by an electronic communication to the electronic address.

In this section—

electronic address means a digital mailbox address, email address, internet protocol address or mobile telephone number.

This section applies in relation to the addition of a person as a respondent to a claim.

For section 14(1) of the Act, the time prescribed for a claimant to add the person as a respondent is the latest of the following days—

the day by which part 1 of a notice of a claim must be given by the claimant under—

section 9(3) of the Act; or

if section 9A of the Act applies to the claim—section 9A(9)(b) of the Act;

the day that is 1 month after the day the claimant is given information about the person under section 10(1)(c)(ii) of the Act;

the day that is 1 month after the day the claimant is given a copy of a contribution notice adding the person as a contributor under section 16(3) of the Act.

For section 14(3)(b) of the Act, the time prescribed is 7 days after the day the person is added as a respondent under section 14 of the Act.

This section applies in relation to the addition of a person as a contributor for a claim.

For section 16(1) of the Act, the time prescribed for a respondent to add the person as a contributor is the later of the following days—

the day that is 3 months after the respondent is given part 1 of the notice of the claim;

the day that is 7 days after the respondent identifies the person as a contributor.

For section 16(3) of the Act, the time prescribed is 7 days after the day the person is added as a contributor under section 16 of the Act.

For section 17(1)(a) of the Act, the following information is prescribed—

the contributor’s full name;

the contributor’s business address;

the contributor’s postal address;

if a lawyer is acting for the contributor—the name and contact details of the lawyer;

the contributor’s ABN, if any;

if the contributor is a corporation—

the corporation’s ACN; and

the corporation’s registered office.