Personal Injuries Proceedings Act 2002 (Qld)

Personal Injuries Proceedings Act 2002

An Act to regulate particular claims for and awards of damages based on a liability for personal injuries, and for other purposes

Chapter 1 Preliminary

Part 1 Introduction

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

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

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

Part 2 Main purpose and application of Act

4 Main purpose (1) The main purpose of this Act is to assist the ongoing affordability of insurance through appropriate and sustainable awards of damages for personal injury. (2) The main purpose is to be achieved generally by— (a) providing a procedure for the speedy resolution of claims for damages for personal injury to which this Act applies; and (b) promoting settlement of claims at an early stage wherever possible; and (c) 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 (d) putting reasonable limits on awards of damages based on claims; and (e) minimising the costs of claims; and (f) regulating inappropriate advertising and touting; and (g) 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.

5 Act binds all persons (1) 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. (2) However, the Commonwealth or a State can not be prosecuted for an offence against this Act.