Civil Liability Regulations 2013 (SA)

South Australia Civil Liability Regulations 2013 under the Civil Liability Act 1936

Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—Injury scale values 4 Injury scale value 5 Medical assessments before injury has stabilised 6 Rules for assessing ISV 7 ISV must be a whole number 8 Injury mentioned in Schedule 1 9 Court to have regard to certain matters 10 Whole person impairment 11 Multiple injuries 12 Multiple injuries and maximum dominant ISV inadequate 13 Consequential mental harm 14 Pure mental harm 15 Pre‑existing conditions 16 Medical report stating whole person impairment percentage 17 Greater weight to assessments based on AMA 5 Part 3—Damages in respect of gratuitous services 18 Determination of State average weekly earnings (section 58 of Act) 19 Damages in respect of gratuitous services (section 58(4)(b) of Act) Part 4—Assessment of motor vehicle injuries Division 1—Attendance at medical examinations 20 Attendance at medical examinations Division 2—Additional provisions relating to accredited health professionals 21 Definition of health professional (section 76(16) of Act) 22 Provision of information to accredited health professionals 23 Reports by accredited health professionals Division 3—Related matters 24 Court requirements with respect to reports 25 Liability of insurer for certain costs (section 76(9) of Act) Part 5—Miscellaneous 26 Prescribed information (section 75A of Act) Schedule 1—Ranges of injury scale values Legislative history

Part 1—Preliminary 1—Short title These regulations may be cited as the Civil Liability Regulations 2013. 3—Interpretation In these regulations, unless the contrary intention appears— accredited health professional means a person who is accredited under a scheme established by the designated Minister under section 76(2) of the Act; Act means the Civil Liability Act 1936; AMA 5 means the 5th edition of the Guides to the Evaluation of Permanent Impairment published by the American Medical Association; consequential mental harm does not include psychiatric impairment; designated Minister has the same meaning as in section 76 of the Act; GEPIC means The guide to the evaluation of Psychiatric Impairment for Clinicians prepared by MWN Epstein, G Mendelson and NHM Strauss as published in the Victorian Government Gazette on 8 May 2008; GEPIC rating, in relation to pure mental harm, means a rating in accordance with the GEPIC for the psychiatric impairment caused by the mental harm; highest range means the range of ISVs having the highest maximum ISV; injured person means a person who claims damages in respect of personal injury arising from an MVA motor accident; insurer includes the nominal defendant; ISV means injury scale value; Le Fort I fracture means a horizontal segmented fracture of the alveolar process of the maxilla; Le Fort II fracture means a unilateral or bilateral fracture of the maxilla— (a) in which the body of the maxilla is separated from the facial skeleton and pyramidal in shape; and (b) that may extend through the body of the maxilla down the midline of the hard palate, through the floor of the orbit and into the nasal cavity; Le Fort III fracture means a fracture in which the entire maxilla and 1 or more facial bones are completely separated from the brain case; medical expert, in relation to an assessment of a GEPIC rating, means a person— (a) who is registered under the Health Practitioner Regulation National Law— (i) to practise in the medical profession; and (ii) holding specialist registration as a psychiatrist; and (b) who has successfully completed a course of training in the use of the GEPIC under a scheme determined by the Minister for the purposes of these regulations; permanent impairment, in relation to an injury, means the impairment an injured person has, or is likely to have, after maximal medical improvement within the meaning of AMA 5; psychiatric impairment means pure mental harm; range, in relation to an ISV for an injury, means the range of ISVs for the injury set out in Schedule 1; relevant MVA motor accident means the MVA motor accident that results in the personal injury that is relevant for the purposes of the application of these regulations in relation to a particular person; whole person impairment, in relation to an injury, means an estimate, expressed as a percentage, of the impact of a permanent impairment caused by the injury on the injured person's overall ability to perform activities of daily living, as described by AMA 5, other than employment.