{"id":"sl-2003-20","name":"Civil Law (Wrongs) Regulation 2003","slug":"civil-law-wrongs-regulation-2003","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"20 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173287,"registerId":"act-sl-2003-20-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Civil Law (Wrongs) Regulation 2003","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCivil Law (Wrongs) Regulation 2003\nSL2003-20\nmade under the\nCivil Law (Wrongs) Act 2002\nRepublication No 15\nEffective: 18 September 2024\nRepublication date: 18 September 2024\nLast amendment made by A2024-49\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Civil Law (Wrongs) Regulation 2003, made under the\nCivil Law (Wrongs) Act 2002 (including any amendment made under the Legislation Act 2001,\npart 11.3 (Editorial changes)) as in force on 18 September 2024. It also includes any\ncommencement, amendment, repeal or expiry affecting this republished law to\n18 September 2024.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR15\n18/09/24\nCivil Law (Wrongs) Regulation 2003\nEffective: 18/09/24\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCivil Law (Wrongs) Regulation 2003\nmade under the\nCivil Law (Wrongs) Act 2002\nContents\nPage\nPart 1 Preliminary\n1 Name of regulation 2\n2 Dictionary 2\n3 Notes 2\nPart 2 Personal injuries claims—pre-court\nprocedures\n4 Information in notice of claim—Act, s 51 (2) (a) 3\n5 Records respondent to be authorised to access etc—Act, s 51 (2) (b) 6\n6 Documents to accompany notice of claim—Act, s 51 (2) (c) 7\n6A Reasonable excuse for delay in giving notice—Act, s 51 (6) 7\n\nContents\nPage\ncontents 2 Civil Law (Wrongs) Regulation 2003\nEffective: 18/09/24\nR15\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n7 Claimant adds later respondent—period to tell other respondents—\nAct, s 55 (3) (b) 7\n8 Respondent adds contributor—period to give copy of contribution\nnotice to other parties—Act, s 57 (5) 8\n9 Contributor’s response—prescribed information and documents—Act,\ns 58 (1) (a) 8\nPart 3 Other matters\n10 Limitation amount—Act, s 144, def limitation amount 9\n11 Certificate that claim or defence has reasonable prospects of\nsuccess—Act, s 188 (4) 9\n13 Notification of limitation of liability—Act, sch 4, s 4.29 9\nDictionary 10\nEndnotes\n1 About the endnotes 11\n2 Abbreviation key 11\n3 Legislation history 12\n4 Amendment history 15\n5 Earlier republications 18\n6 Renumbered provisions 19\n\nR15\n18/09/24\nCivil Law (Wrongs) Regulation 2003\nEffective: 18/09/24\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCivil Law (Wrongs) Regulation 2003\nmade under the\nCivil Law (Wrongs) Act 2002\n\nPart 1 Preliminary\nSection 1\npage 2 Civil Law (Wrongs) Regulation 2003\nEffective: 18/09/24\nR15\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of regulation\nThis regulation is the Civil Law (Wrongs) Regulation 2003.\n2 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation, and includes references (signpost definitions) to other\nterms defined elsewhere.\nFor example, the signpost definition ‘health service—see the Human\nRights Commission Act 2005, section 7 (1) and (3) (a).’ means that the\nterm ‘health service’ is defined in that section and the definition applies\nto this regulation.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire regulation unless the definition, or another provision of the\nregulation, provides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n3 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPersonal injuries claims—pre-court procedures Part 2\nSection 4\nR15\n18/09/24\nCivil Law (Wrongs) Regulation 2003\nEffective: 18/09/24\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Personal injuries claims—\npre-court procedures\n4 Information in notice of claim—Act, s 51 (2) (a)\n(1) A notice of claim must contain a statement of the information\nrequired under subsections (2) to (8) or information that substantially\ncomplies with those subsections.\n(2) The following information about the injured person is required:\n(a) the person’s full name and home address;\n(b) any other name by which the person is, or has been, known;\n(c) the person’s date of birth.\n(3) The following information about the accident claimed to have given\nrise to the personal injury to which the claim relates is required:\n(a) the date, time and place of the accident;\n(b) details of how the accident happened;\n(c) if appropriate, a diagram showing, to the best of the claimant’s\nknowledge, the scene of the accident;\n(d) if known that the police, ambulance, fire and rescue service or\nany other emergency service attended the accident—\n(i) that fact; and\n(ii) if known, the name of the service or services that attended\nthe accident; and\n(iii) if known, the name and contact details of the person or\npeople who attended the accident for the service;\n(e) if known, the name, address and telephone number of anyone\nwho has given a witness statement;\n\nPart 2 Personal injuries claims—pre-court procedures\nSection 4\npage 4 Civil Law (Wrongs) Regulation 2003\nEffective: 18/09/24\nR15\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(f) if known, the name, address and telephone number of the person\nor people (if any) who were, in the claimant’s opinion,\nresponsible for causing the accident (apart from the respondent);\n(g) if a seatbelt or helmet was required under the Road Transport\n(Safety and Traffic Management) Act 1999—whether it was\nbeing worn as required when the accident happened;\n(4) The following information about the nature and treatment of the\ninjured person’s personal injury is required:\n(a) a description of the injury suffered;\n(b) if the injured person was or is hospitalised for treatment of the\ninjury—the name of the hospital;\n(c) if the injured person received or is receiving medical treatment\nfor the injury—\n(i) the general nature of the treatment; and\n(ii) the name and address of the treatment provider or\nproviders; and\n(iii) the date of the person’s first examination by a doctor.\n(5) The date the claimant first consulted a lawyer about the possibility of\nmaking a claim and identified the respondent is required.\n(6) If damages for economic loss are claimed, the following information\nrelevant to economic loss is required:\n(a) if the injured person was employed or self-employed at the time\nof the accident—details of the employment or self-employment;\n(b) if the employment or self-employment has changed since the\naccident—\n(i) how it has changed; and\n(ii) an assessment, as far as possible, of the economic loss\nsuffered from the change.\n\nPersonal injuries claims—pre-court procedures Part 2\nSection 4\nR15\n18/09/24\nCivil Law (Wrongs) Regulation 2003\nEffective: 18/09/24\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(7) If the claimant is entitled to payment under a statutory scheme\nbecause of the accident, details of the entitlement are required.\n(8) If the claim is against a health service provider, the following\ninformation is also required:\n(a) a description of the medical condition for which the injured\nperson sought treatment;\n(b) the act or omission claimed to have given rise to the personal\ninjury or to have exacerbated a pre-existing injury or condition;\n(c) if the claim relates to or includes a claimed failure of the health\nservice provider to adequately inform the injured person of the\nrisks involved in the treatment sought—\n(i) the date, time and place of each consultation with the health\nservice provider at which information about the risks could\nhave been given; and\n(ii) if any written or oral information or warning was given to\nthe injured person by the health service provider about the\ntreatment—\n(A) the date and place the information or warning was\ngiven; and\n(B) details of the information or warning including what\nthe injured person was informed or warned about;\n(d) if written or oral consent was given by the injured person to the\nhealth service provider about the treatment claimed to have\ngiven rise to the personal injury—the date and place the consent\nwas given.\n\nPart 2 Personal injuries claims—pre-court procedures\nSection 5\npage 6 Civil Law (Wrongs) Regulation 2003\nEffective: 18/09/24\nR15\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Records respondent to be authorised to access etc—Act,\ns 51 (2) (b)\n(1) The notice of claim must authorise the respondent and the\nrespondent’s insurer for the claim (if any) to have access to the\nfollowing records and sources of information relevant to the claim:\n(a) if the personal injury exacerbated a pre-existing injury or\ncondition—clinical notes in the possession of a health service\nprovider who treated or assessed the injured person for the pre-\nexisting injury or condition;\n(b) clinical notes in the possession of a hospital (including a private\nhospital) where the injured person received treatment relevant\nto the personal injury;\n(c) records in the possession of an ambulance or other emergency\nservice that treated or assisted the injured person in relation to\nthe personal injury;\n(d) clinical notes in the possession of a health service provider who\ntreated or assessed the injured person in relation to the personal\ninjury;\n(e) wage, leave and work history records in the possession of—\n(i) the injured person’s employer; or\n(ii) anyone else who employed the injured person at any time\nduring the 3 years before the accident.\n(2) The respondent and the respondent’s insurer (if any) must not use\nrecords and sources of information accessed under subsection (1)\notherwise than for a purpose related to the claim.\n\nPersonal injuries claims—pre-court procedures Part 2\nSection 6\nR15\n18/09/24\nCivil Law (Wrongs) Regulation 2003\nEffective: 18/09/24\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Documents to accompany notice of claim—Act,\ns 51 (2) (c)\nThe notice of claim must be accompanied by the following\ndocuments:\n(a) for a claim other than a claim against a health service provider—\na copy of any certificate signed by a doctor relevant to the\npersonal injury to which the claim relates that is in the claimant’s\npossession;\n(b) for a claim against a health service provider—a copy of any\nadvice or warnings given to the injured person by the health\nservice provider about the treatment claimed to have given rise\nto the personal injury that is in the claimant’s possession;\n(c) for a claim against a health service provider—a copy of any\nconsent given to the health service provider by the injured\nperson about the treatment claimed to have given rise to the\npersonal injury that is in the claimant’s possession;\n(d) a copy of any other document on which the claimant currently\nexpects to rely for the claim that is in the claimant’s possession.\n6A Reasonable excuse for delay in giving notice—Act,\ns 51 (6)\nIf a claimant does not give notice under the Act, section 51 within the\nperiod required under the Act, section 51 (3) because the claim is\nbeing conciliated under the Human Rights Commission Act 2005, part\n4 the claimant has a reasonable excuse for the delay.\n7 Claimant adds later respondent—period to tell other\nrespondents—Act, s 55 (3) (b)\nThe period prescribed is 1 month after the day the claimant adds the\nlater respondent.\n\nPart 2 Personal injuries claims—pre-court procedures\nSection 8\npage 8 Civil Law (Wrongs) Regulation 2003\nEffective: 18/09/24\nR15\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8 Respondent adds contributor—period to give copy of\ncontribution notice to other parties—Act, s 57 (5)\nThe period prescribed is 1 month after the day the respondent adds\nsomeone else as a contributor.\n9 Contributor’s response—prescribed information and\ndocuments—Act, s 58 (1) (a)\n(1) The contributor’s response must contain the following information:\n(a) the contributor’s full name;\n(b) the contributor’s postal address and daytime telephone number,\nor, if the contributor is represented by a lawyer, the name and\ncontact details of the lawyer;\n(c) if the contributor is a corporation—\n(i) the corporation’s ACN (if any); and\n(ii) the address of the corporation’s registered office (if any).\n(2) The contributor’s response must be accompanied by a copy of any\ndocument relevant to the claim that is in the contributor’s possession\n(and not already in the respondent’s possession).\n\nOther matters Part 3\nSection 10\nR15\n18/09/24\nCivil Law (Wrongs) Regulation 2003\nEffective: 18/09/24\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Other matters\n10 Limitation amount—Act, s 144, def limitation amount\nThe amount prescribed is $40.\n11 Certificate that claim or defence has reasonable\nprospects of success—Act, s 188 (4)\n(1) The certificate must be to the following effect:\nI, [full name of lawyer] certify that I believe, on the basis of provable\nfacts and a reasonably arguable view of the law, that this [claim OR\ndefence] has reasonable prospects of success.\n(2) The certificate must be signed and dated by the lawyer.\n13 Notification of limitation of liability—Act, sch 4, s 4.29\n(1) The following statement is prescribed:\nLiability limited by a scheme approved under Professional Standards\nLegislation.\n(2) The statement must be printed in a size not less than the face\nmeasurement of Times New Roman typeface in 8 point.\n\nDictionary\npage 10 Civil Law (Wrongs) Regulation 2003\nEffective: 18/09/24\nR15\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis regulation.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• doctor\n• emergency service\n• fire and rescue service\n• lawyer\n• writing.\nNote 3 Terms used in this regulation have the same meaning that they have in\nthe Civil Law (Wrongs) Act 2002 (see Legislation Act, s 148.) For\nexample, the following terms are defined in the Civil Law (Wrongs) Act\n2002, dict:\n• accident\n• personal injury.\nAPRA means the Australian Prudential Regulation Authority\nestablished under the Australian Prudential Regulation Authority Act\n1998 (Cwlth), section 7.\nhealth service—see the Human Rights Commission Act 2005,\nsection 7 (1) and (3) (a).\nprovider—see the Human Rights Commission Act 2005, section 10.\n\nEndnotes\nAbout the endnotes 1\nR15\n18/09/24\nCivil Law (Wrongs) Regulation 2003\nEffective: 18/09/24\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 12 Civil Law (Wrongs) Regulation 2003\nEffective: 18/09/24\nR15\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis regulation was originally the Civil Law (Wrongs) Regulations 2003. It was\nrenamed under the Legislation Act 2001.\nCivil Law (Wrongs) Regulation 2003 SL2003-20\nnotified LR 30 June 2003\ns 1, s 2 commenced 30 June 2003 (LA s 75 (1))\nremainder commenced 1 July 2003 (s 2)\nas amended by\nCivil Law (Wrongs) Amendment Regulations 2004 (No 1) SL2004-8\nnotified LR 2 March 2004\ns 1, s 2 commenced 2 March 2004 (LA s 75 (1))\nremainder commenced 3 March 2004 (s 2)\nJustice and Community Safety Legislation Amendment Act 2004\n(No 2) A2004-32 pt 6\nnotified LR 29 June 2004\ns 1, s 2 commenced 29 June 2004 (LA s 75 (1))\npt 6 commenced 13 July 2004 (s 2 (3))\nHuman Rights Commission Legislation Amendment Act 2005\nA2005-41 sch 1 pt 1.1 (as am by A2006-3 amdt 1.3)\nnotified LR 1 September 2005\ns 1, s 2 commenced 1 September 2005 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 November 2006 (s 2 (3) (as am by A2006-3\namdt 1.3) and see Human Rights Commission Act 2005 A2005-40, s 2\n(as am by A2006-3 s 4) and CN2006-21)\nJustice and Community Safety Legislation Amendment Act 2005\n(No 3) A2005-43 sch 1 pt 1.3\nnotified LR 30 August 2005\ns 1, s 2 commenced 30 August 2005 (LA s 75 (1))\nsch 1 pt 1.3 commenced 1 October 2005 (s 2 (3) and CN2005-18)\n\nEndnotes\nLegislation history 3\nR15\n18/09/24\nCivil Law (Wrongs) Regulation 2003\nEffective: 18/09/24\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nHuman Rights Commission Legislation Amendment Act 2006\nA2006-3 amdt 1.3\nnotified LR 22 February 2006\ns 1, s 2 commenced 22 February 2006 (LA s 75 (1))\namdt 1.3 commenced 23 February 2006 (s 2)\nNote This Act only amends the Human Rights Commission\nLegislation Amendment Act 2005 A2005-41\nCivil Law (Wrongs) Amendment Regulation 2007 (No 1) SL2007-25\nnotified LR 17 September 2007\ns 1, s 2 commenced 17 September 2007 (LA s 75 (1))\nremainder commenced 29 October 2007 (s 2)\nJustice and Community Safety Legislation Amendment Act 2008\nA2008-7 sch 1 pt 1.6\nnotified LR 16 April 2008\ns 1, s 2 commenced 16 April 2008 (LA s 75 (1))\nsch 1 pt 1.6 commenced 7 May 2008 (s 2)\nCivil Law (Wrongs) Amendment Regulation 2012 (No 1) SL2012-14\nnotified LR 26 April 2012\ns 1, s 2 commenced 26 April 2012 (LA s 75 (1))\nremainder commenced 27 April 2012 (s 2)\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.3\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 3 pt 3.3 commenced 5 June 2012 (s 2 (2))\nEmergencies Amendment Act 2016 A2016-33 sch 1 pt 1.2\nnotified LR 20 June 2016\ns 1, s 2 commenced 20 June 2016 (LA s 75 (1))\nsch 1 pt 1.2 commenced 21 June 2016 (s 2)\nJustice and Community Safety Legislation Amendment Act 2016\nA2016-37 sch 1 pt 1.5\nnotified LR 22 June 2016\ns 1, s 2 commenced 22 June 2016 (LA s 75 (1))\nsch 1 pt 1.5 commenced 29 June 2016 (s 2)\n\nEndnotes\n3 Legislation history\npage 14 Civil Law (Wrongs) Regulation 2003\nEffective: 18/09/24\nR15\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nJustice and Community Safety Legislation Amendment Act 2024\nA2024-49 pt 3\nnotified LR 17 September 2024\ns 1, s 2 taken to have commenced 11 June 2024 (LA s 75 (2))\npt 3 commenced 18 September 2024 (s 2 (4))\n\nEndnotes\nAmendment history 4\nR15\n18/09/24\nCivil Law (Wrongs) Regulation 2003\nEffective: 18/09/24\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nPreliminary\npt 1 hdg ins SL2004-8 s 4\nName of regulation\ns 1 am R4 LA\nDictionary\ns 2 orig s 2 om LA s 89 (4)\n(prev s 3) renum R2 LA (see SL2004-8 s 10)\nam A2005-41 amdt 1.1\nNotes\ns 3 orig s 3 renum as s 2\n(prev s 4) renum R2 LA (see SL2004-8 s 10)\nPersonal injuries claims—pre-court procedures\npt 2 hdg ins SL2004-8 s 5\nInformation in notice of claim—Act, s 51 (2) (a)\ns 4 orig s 4 renum as s 3\n(prev s 4A) ins SL2004-8 s 5\nrenum R2 LA (see SL2004-8 s 10)\nam A2012-21 amdt 3.6; A2016-33 amdt 1.5\nInformation in notice of claim—Act, s 51 (2) (a)\ns 4A renum as s 4\nRecords respondent to be authorised to access etc—Act, s 51 (2) (b)\ns 4B renum as s 5\nDocuments to accompany notice of claim—Act, s 51 (2) (c)\ns 4C renum as s 6\nClaimant may add later respondents—prescribed times—Act, s 55 (2) (a)\nand (3) (b)\ns 4D renum as s 7\nRespondent may add someone else as contributor—prescribed times—Act,\ns 57 (1) and (3)\ns 4E renum as s 8\nContributor’s response—prescribed information and documents—Act,\ns 58 (1) (a)\ns 4F renum as s 9\nRecords respondent to be authorised to access etc—Act, s 51 (2) (b)\ns 5 orig s 5 renum as s 10\n(prev s 4B) ins SL2004-8 s 5\nrenum R2 LA (see SL2004-8 s 10)\n\nEndnotes\n4 Amendment history\npage 16 Civil Law (Wrongs) Regulation 2003\nEffective: 18/09/24\nR15\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nCertificate that claim or defence has reasonable prospects of success—Act,\ns 188 (4)\ns 5A renum as s 11\nDocuments to accompany notice of claim—Act, s 51 (2) (c)\ns 6 orig s 6 renum as s 12\n(prev s 4C) ins SL2004-8 s 5\nrenum R2 LA (see SL2004-8 s 10)\nReasonable excuse for delay in giving notice—Act, s 51 (6)\ns 6A ins A2005-43 amdt 1.10\n(2), (3) exp 1 November 2006 (s 6A (3))\nClaimant adds later respondent—period to tell other respondents—Act,\ns 55 (3) (b)\ns 7 orig s 7 renum as s 13\n(prev s 4D) ins SL2004-8 s 5\nrenum R2 LA (see SL2004-8 s 10)\nsub A2024-49 s 10\nRespondent adds contributor—period to give copy of contribution notice to\nother parties—Act, s 57 (5)\ns 8 (prev s 4E) ins SL2004-8 s 5\nrenum R2 LA (see SL2004-8 s 10)\nsub A2024-49 s 10\nContributor’s response—prescribed information and documents—Act,\ns 58 (1) (a)\ns 9 (prev s 4F) ins SL2004-8 s 5\nrenum R2 LA (see SL2004-8 s 10)\nOther matters\npt 3 hdg ins SL2004-8 s 6\nLimitation amount—Act, s 144, def limitation amount\ns 10 (prev s 5) renum R2 LA (see SL2004-8 s 10)\nCertificate that claim or defence has reasonable prospects of success—Act,\ns 188 (4)\ns 11 (prev s 5A) ins SL2004-8 s 7\nrenum R2 LA (see SL2004-8 s 10)\nInsurers reporting requirements—Act, s 203\ns 12 (prev s 6) renum R2 LA (see SL2004-8 s 10)\nom A2016-37 amdt 1.16\nDisclosure of confidential information in general reports—Act, s 204 (4) (f)\ns 12A ins SL2012-14 s 4\nom A2016-37 amdt 1.16\n\nEndnotes\nAmendment history 4\nR15\n18/09/24\nCivil Law (Wrongs) Regulation 2003\nEffective: 18/09/24\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nNotification of limitation of liability—Act, sch 4, s 4.29\ns 13 (prev s 7) ins SL2004-8 s 8\nrenum R2 LA (see SL2004-8 s 10)\nom A2004-32 s 68\nins SL2007-25 s 4\nam A2008-7 amdt 1.44\nDictionary\ndict am A2012-21 amdt 3.7; A2016-33 amdt 1.6\ndef health service ins SL2004-8 s 9\nsub A2005-41 amdt 1.2\ndef provider ins SL2004-8 s 9\nsub A2005-41 amdt 1.2\n\nEndnotes\n5 Earlier republications\npage 18 Civil Law (Wrongs) Regulation 2003\nEffective: 18/09/24\nR15\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n1 July 2003\n1 July 2003–\n2 Mar 2004\nnot amended new regulation\nR2\n3 Mar 2004\n3 Mar 2004–\n12 July 2004\nSL2004-8 amendments by\nSL2004-8 and\ngeneral\nrenumbering\nR3\n13 July 2004\n13 July 2004–\n2 Nov 2004\nA2004-32 amendments by\nA2004-32\nR4\n3 Nov 2004\n3 Nov 2004–\n30 Sept 2005\nA2004-32 includes editorial\namendments\nunder\nLegislation Act\nR5\n1 Oct 2005\n1 Oct 2005–\n22 Feb 2006\nA2005-43 amendments by\nA2005-43\nR6\n23 Feb 2006\n23 Feb 2006–\n31 Oct 2006\nA2006-3 updated\nendnotes as\namended by\nA2006-3\nR7\n1 Nov 2006\n1 Nov 2006–\n1 Nov 2006\nA2006-3 amendments by\nA2005-41 as\namended by\nA2006-3\nR8\n2 Nov 2006\n2 Nov 2006–\n28 Oct 2007\nA2006-3 commenced\nexpiry\nR9\n29 Oct 2007\n29 Oct 2007–\n6 May 2008\nSL2007-25 amendments by\nSL2007-25\n\nEndnotes\nRenumbered provisions 6\nR15\n18/09/24\nCivil Law (Wrongs) Regulation 2003\nEffective: 18/09/24\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR10\n7 May 2008\n7 May 2008–\n26 Apr 2012\nA2008-7 amendments by\nA2008-7\nR11\n27 Apr 2012\n27 Apr 2012–\n4 June 2012\nSL2012-14 amendments by\nSL2012-14\nR12\n5 June 2012\n5 June 2012–\n20 June 2016\nA2012-21 amendments by\nA2012-21\nR13\n21 June 2016\n21 June 2016–\n28 June 2016\nA2016-33 amendments by\nA2016-33\nR14\n29 June 2016\n29 June 2016–\n17 Sept 2024\nA2016-37 amendments by\nA2016-37\n6 Renumbered provisions\nThis Act was renumbered under the Legislation Act 2001, in R2 (see Civil Law\n(Wrongs) Amendment Regulations 2004 (No 1) SL2004-8 s 10). Details of\nrenumbered provisions are shown in endnote 4 (Amendment history). For a table\nshowing the renumbered provisions, see R8.\n© Australian Capital Territory 2024","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose: operationalising the pre-court procedures for personal injury claims under the Civil Law (Wrongs) Act 2002. While it has been amended multiple times since 2003 (15 republications), these changes have been incremental—updating references to other Acts, removing obsolete provisions (such as insurer reporting requirements in 2016), and clarifying time periods. There is no evidence of scope creep into unrelated areas of civil liability or general procedural law."},"complexity_factors":["Short length (13 operative sections plus dictionary)","Minimal cross-referencing—primarily refers back to specific sections of the parent Civil Law (Wrongs) Act 2002","Straightforward structure: preliminary matters, pre-court procedures for personal injury claims, and miscellaneous provisions","Limited defined terms (only 3 specific definitions in the dictionary: APRA, health service, provider—other terms rely on the parent Act or Legislation Act definitions)","No nested exceptions or complex conditional logic; most provisions are prescriptive lists (e.g., 'the following information is required')","Simple temporal provisions (uniform 1-month periods for adding parties)","Recent amendments (2024) simplified rather than complicated the text by removing obsolete insurer reporting requirements"],"plain_english_summary":"This regulation sets practical pre‑court rules for personal injury claims in the ACT: claimants must give a detailed written notice (including medical, witness and employment info), consent to release medical/work records, and attach supporting documents. It imposes short time limits for adding parties and requires lawyers to certify claims/defences as reasonable.  \n\nIt affects claimants, defendants, insurers, health providers and lawyers and aims to promote transparency, early settlement and deter weak or speculative litigation."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation remains focused on its original, narrow purpose: to prescribe the detailed procedural requirements for pre‑court personal injury notices and related steps under the Civil Law (Wrongs) Act 2002 (notice contents, documents, access to records, timelines, and prescribed forms/wording). Amendments over time have updated particulars — added a narrowly drawn excuse for delay where conciliation is occurring (s 6A), adjusted notification periods, removed some previously included reporting provisions, and added or clarified prescribed wording (s 11, s 13) — but these are technical or procedural refinements rather than a material expansion of subject matter beyond the regulation’s original scope."},"complexity_factors":["Relatively short instrument: 13 substantive sections plus a brief dictionary.","Several cross‑references to the Civil Law (Wrongs) Act 2002 (s 51, 55, 57, 58, 144, 188, sch 4) and to the Human Rights Commission Act 2005 (health service/provider definitions).","Conditional branches: different, more detailed information required where claim is against a health service provider (s 4(8)).","Multiple prescribed checklists (detailed items required in a notice of claim in s 4 and document lists in s 6) that create compliance complexity.","Procedural timelines and triggers (1‑month periods in ss 7–8) introduce strict chronological conditions.","Privacy/access trade‑off with a usage limitation on accessed records (s 5(1)–(2)).","Prescribed, exact form of a lawyer’s certificate (s 11) — legal wording that must be followed precisely.","Prescribed font and wording requirements for limitation of liability notices (s 13).","Dictionary includes signpost definitions requiring consultation of other Acts (adds interpretive steps)."],"plain_english_summary":"**What this regulation does (mechanically)\n\n- Sets out exactly what must be in a pre-court \"notice of claim\" for a personal injuries claim (what information the claimant must provide) (see s 4).\n- Authorises the claimant to allow the respondent (and the respondent’s insurer) to access specific records relevant to the claim and limits how those records can be used (see s 5).\n- Lists the documents that must accompany a notice of claim (medical certificates, consent forms, warnings, other documents the claimant expects to rely on) (see s 6).\n- Prescribes a limited excuse for delay in giving the notice where the claim is being conciliated under the Human Rights Commission Act (see s 6A).\n- Fixes time periods for procedural steps: the period to tell other respondents when a claimant adds a later respondent, and the period for a respondent to give copies of contribution notices when adding a contributor (both prescribed as 1 month) (see ss 7–8).\n- Specifies what must be in a contributor’s response and what documents must accompany it (see s 9).\n- Prescribes a numeric limitation amount used by the Act ($40) (see s 10).\n- Prescribes the exact wording and signing requirement for a lawyer’s certificate that a claim or defence has \"reasonable prospects of success\" and requires it to be signed and dated (see s 11).\n- Prescribes the exact wording to notify that a practitioner’s liability is limited under a professional standards scheme and the minimum font size for that notice (see s 13).\n- Contains a short dictionary cross‑referencing other Acts for some terms and a few local definitions (dictionary).\n\nWho this affects\n\n- Claimants bringing personal injury claims (they must prepare and lodge the specified information and documents) (s 4, s 6).\n- Respondents and their insurers (they gain access to certain records and receive procedural notices) (s 5, ss 7–8).\n- Contributors (third parties a respondent joins) and other parties who must be given notification and who must provide prescribed responses and documents (s 9).\n- Lawyers advising claimants and defendants (they may need to sign the prescribed certificate about prospects of success) (s 11).\n- Health service providers when the claim is against them (additional, health‑specific information and documents are required) (s 4(8), s 6(b)–(c)).\n- Employers or past employers (wage and employment records over the 3 years before the accident are included among records authorised for access) (s 5(1)(e)).\n\nWhy it matters (practical effects and mechanics)\n\n- Standardisation: The regulation turns broad statutory requirements into a concrete checklist for claimants, lawyers and respondents (s 4, s 6). That reduces uncertainty about what must be supplied before court.\n\n- Evidence access and privacy trade‑off: Claimants must sign a notice that authorises respondents and insurers to access medical, hospital, ambulance and employment records relevant to the claim, but the regulation also expressly limits those parties to using the information only for claim‑related purposes (s 5). This lowers discovery costs for respondents while placing a statutory restraint on secondary uses of personal information; it transfers the compliance burden for producing and compiling records to the claimant and record‑holders.\n\n- Time deadlines: The 1‑month periods for notifying other parties (ss 7–8) create short procedural deadlines that require parties to act quickly; failing those timelines risks delay or procedural consequences in the pre‑court phase.\n\n- Cost and gatekeeping effects of lawyer certificate: Requiring a lawyer’s signed certificate that a claim or defence has \"reasonable prospects of success\" (in specified words) (s 11) creates a professional gate. It raises the expected legal cost for claimants/defendants (because a lawyer must form and certify a view) and creates an upfront deterrent to weak claims or defences. The certificate is limited in scope to a belief based on provable facts and a \"reasonably arguable\" view of law, rather than an absolute prediction of outcome.\n\n- Practical compliance burdens: Claimants must assemble medical records, consent forms, accident details (date/time/place/diagrams), employment and economic‑loss information, and copies of other documents they expect to rely on — which can impose time and administrative costs on injured people and their lawyers (s 4, s 6).\n\n- Professional liability notice: The prescribed short notification (s 13) standardises how professionals tell clients that liability may be limited under an approved scheme (this affects professional advisers who operate under such schemes).\n\nImplementation, incentives and risks (mechanisms, not judgements)\n\n- Who pays: Claimants (and their lawyers) face most of the upfront work and cost of assembling the detailed notice and documents; respondents and their insurers gain earlier access to evidence and can investigate sooner (ss 4–6). Lawyers incur the cost/risk of certifying prospects of success (s 11).\n\n- Who decides: Claimants decide what to disclose in the notice and which documents to attach; lawyers certify prospects of success; respondents/insurers decide how to investigate the claims but are legally restricted in how they use obtained records (s 5(2)).\n\n- Behavioural changes: Claimants may need to consult lawyers earlier (s 4(5) requires the date of first consultation), and parties are incentivised to gather documentary evidence early. Lawyers may be more cautious in taking on or certifying marginal matters because of the prescribed certificate (s 11).\n\n- Compliance and administration risks: The prescriptive lists and short timeframes can create procedural disputes about whether a notice \"substantially complies\" (s 4(1)) or whether timelines were met. Cross‑references to other Acts (Human Rights Commission Act definitions for health service and provider) require users to consult multiple instruments.\n\n- Limits on unintended use of records: The regulation expressly prevents respondents/insurers using accessed records for non‑claim purposes (s 5(2)), but enforcement of that limit would rely on follow‑up legal or regulatory action if misuse occurred.\n\nRelevant sections (representative): s 4 (notice content), s 5 (authorised records and use restriction), s 6 and s 6A (documents and excuse for delay), ss 7–9 (timelines and contributor response), s 10 (prescribed limitation amount), s 11 (lawyer’s certificate), s 13 (notification of limited liability), dictionary (cross‑references to other Acts)."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/civil-law-wrongs-regulation-2003","history":"/api/acts/civil-law-wrongs-regulation-2003/history","analysis":"/api/acts/civil-law-wrongs-regulation-2003/analysis","conflicts":"/api/acts/civil-law-wrongs-regulation-2003/conflicts","importantCases":"/api/acts/civil-law-wrongs-regulation-2003/important-cases","documents":"/api/acts/civil-law-wrongs-regulation-2003/documents"}}