Personal Injuries Proceedings Regulation 2014 (Qld)

Personal Injuries Proceedings Regulation 2014

Part 1 Preliminary

1 Short title This regulation may be cited as the Personal Injuries Proceedings Regulation 2014.

2 Commencement This regulation commences on 1 July 2014.

2A Definitions The dictionary in schedule 1 defines particular words used in this regulation.

Part 2 Claims

3 Notice of a claim—information required for Act , s 9 (2)(a) (1) This section states the information required for section 9(2)(a) of the Act. (2) The following particulars about the injured person are required— (a) the injured person's full name, address and telephone number; (b) any other name by which the injured person is, or has been, known; (c) the injured person's date of birth; (d) the injured person's gender; (e) the name of any educational institution attended by the injured person; (f) details of the injured person's consumption of alcohol or drugs, including medication, during the 12 hours before the incident. (3) The following particulars about the incident alleged to have caused the personal injury to which the claim relates are required— (a) the date, time and place of the incident; (b) details of how the incident happened; (c) if appropriate, a diagram showing, to the best of the claimant's knowledge, the scene of the incident; (d) the names, addresses and, if known, telephone numbers of any witnesses to the incident; (e) the names, addresses and, if known, telephone numbers of any other persons able to provide relevant particulars about the incident; (f) if an emergency response entity or an investigative entity attended the incident— (i) the name of the entity; and (ii) if known, the name of the person who attended the incident on behalf of the entity; and (iii) the entity's and, if known, the person's contact details; and (iv) if known, any reference number assigned to the incident by the entity; (g) the name, address and, if known, telephone number of the person or persons who were, in the claimant's opinion, responsible for causing the incident; (h) the reasons the claimant attributes responsibility to the person or persons; (i) if a protective device was available for use—the nature of the device and whether the injured person was using the device when the incident happened. (4) The following particulars about the nature and treatment of the injured person's personal injury are required— (a) a description of the personal injury suffered, including how the personal injury affects the injured person at the date of the notice of the claim; (b) if the injured person was or is hospitalised for treatment of the personal injury, details of the hospitalisation; (c) if the injured person received or is receiving medical treatment for the personal injury, details of the treatment and the name and address of the treatment provider; (d) if the injured person received or is receiving rehabilitation for the personal injury, details of the rehabilitation and the name and address of the rehabilitation provider; (e) details of any disability suffered by the injured person from the personal injury if— (i) the disability is relevant to the assessment of the extent of the personal injury; or (ii) the disability or its symptoms lasted for 4 weeks or more; (f) if the personal injury caused by the incident exacerbated a pre-existing injury or medical condition, details of how the personal injury exacerbated the pre-existing injury or condition. (5) The following particulars relevant to economic loss are required— (a) the injured person's usual occupation and, if the injured person is currently employed, the name and address of the person's employer; (b) details of the injured person's employment during the 3-year period immediately before the incident, and between the date of the incident and the date of the notice of the claim, including details of the injured person's income, the names of employers, the duration of employment and positions held; (c) the injured person's gross income per week when the incident happened; (d) full details of the nature and extent of the injured person's economic loss, as far as it can be assessed at the date of the notice of the claim; (e) details of all claims made by the injured person for damages, compensation or social security benefits for a disability mentioned in subsection (4)(e); (f) details of all amounts received by the injured person by way of damages, compensation or social security benefits for a disability mentioned in subsection (4)(e); (g) details of all claims made by the injured person for damages, compensation or social security benefits for any personal injury, illness or disability mentioned in subsection (6)(d); (h) details of all amounts received by the injured person for damages, compensation or social security benefits for any personal injury, illness or disability mentioned in subsection (6)(d); (i) whether the injured person planned, before the incident, to change occupation, work duties, hours or earnings and if so, details of the change and the steps the injured person took to implement the change; (j) details of any accountant used to prepare the injured person's tax or business records during the 3-year period immediately before the incident, and between the date of the incident and the date of the notice of the claim. (6) The following particulars of a general nature are required for a claim— (a) if the injured person was examined by a doctor in relation to the personal injury to which the claim relates, the date of the first examination; (b) the date the claimant first consulted a lawyer about the possibility of making a claim; (c) the name, address and, if known, telephone number of any person to whom the claimant has delivered, or intends to deliver, a notice of a claim in relation to the personal injury to which the claim relates; (d) details of any personal injury, illness or disability, in existence or sustained before the incident, that may affect the extent of the disabilities resulting from the personal injury to which the claim relates; (e) when the injured person returned to work or expects to return to work. (7) If the claim is a dependency claim, the following particulars about the claimant and any dependants are required— (a) for the claimant— (i) the claimant's full name and address; and (ii) the claimant's relationship to the injured person; and (iii) if the claimant was the spouse of the injured person— (A) if the claimant and the injured person were married—the date and place of the marriage; or (B) if the claimant and the injured person were in a civil partnership—the date the civil partnership had effect and the place of registration; or (C) if the claimant and the injured person were de facto partners—the date on which they started living together in a de facto relationship; and (iv) if the claimant suffers from any serious medical condition or disability, the nature of the condition or disability; and (v) the date the claimant first consulted a lawyer about the possibility of making a claim; (b) for each dependant, including the claimant if a dependant— (i) the dependant's full name and residential address; and (ii) whether the dependant is— (A) married; or (B) in a civil partnership; or (C) in a de facto relationship; and (iii) the dependant's date of birth; and (iv) the dependant's gender; and (v) the dependant's relationship to the injured person; and (vi) whether the dependant is a full-time student; and (vii) if the dependant has an independent income—the amount and source of the income; and (viii) if the dependant received any financial payments or other benefits from the injured person before the incident, the average amount of the payments and how often they were received; and (ix) if the dependant has applied for or received any financial payments or other benefits in relation to the incident, the source and amount of the payments and how often they were received; and (x) if the dependant suffers from any serious medical condition or disability, the nature of the condition or disability. (8) If the claim is a health care claim, the following particulars are also required— (a) a description of the medical condition for which the injured person sought treatment; (b) the aspect of the treatment alleged to have given rise to the personal injury or to have exacerbated a pre-existing injury or condition; (c) the nature, type and severity of symptoms alleged to have arisen from the treatment; (d) if applicable, the names, addresses and, if known, telephone numbers of all health care providers who treated the injured person in relation to the medical condition for which treatment was sought during the three years before receiving the treatment alleged to have given rise to the personal injury; (e) if the injured person made a complaint to the Health Rights Commission under the repealed Health Rights Commission Act 1991, the Health Quality and Complaints Commission under the repealed Health Quality and Complaints Commission Act 2006 or the Health Ombudsman under the Health Ombudsman Act 2013 about a person alleged to have caused the personal injury— (i) the date the complaint was made; and (ii) if the complaint was finalised under the repealed Health Rights Commission Act 1991, the repealed Health Quality and Complaints Commission Act 2006 or the Health Ombudsman Act 2013, brief details of how the complaint was dealt with under the relevant Act and the date the complaint was finalised; (f) if the claim relates to or includes an alleged failure of the health care provider to inform or adequately inform the injured person of the risks involved in the treatment sought— (i) the date, time and place of each consultation with the health care provider at which information of the risks should have been given; and (ii) if written or oral information or a warning was given to the injured person by the health care provider about the treatment— (A) the date and place the information or warning was given; and (B) details of the information or warning including what the injured person was informed or warned about; and (iii) the risks about which the injured person should have been informed or adequately informed by the health care provider; (g) if written or oral consent was given by the injured person to the health care provider about the treatment alleged to have given rise to the personal injury, the date and place the consent was given; (h) the names, addresses and, if known, telephone numbers of all health care providers who provided the injured person with information or explanations about the personal injury or an exacerbation of a pre-existing injury alleged to have arisen from the treatment.