{"id":"qld:sl-2025-0110","name":"Personal Injuries Proceedings Regulation 2025","slug":"personal-injuries-proceedings-regulation-2025","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"110 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173679,"registerId":"qld-sl-2025-0110-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Personal Injuries Proceedings Regulation 2025 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 September 2025.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Notices of claim","content":"# Notices of claim","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Required information for notice of claim— Act , s 9","content":"### sec.4 Required information for notice of claim— Act , s 9\n\nFor section 9 (2) (a) of the Act , the information required to be stated in a notice of claim—\nis mentioned in schedule 1 , part 1 ; and\nfor a dependency claim—includes the information mentioned in schedule 1 , part 2 ; and\nfor a health care claim—includes the information mentioned in schedule 1 , part 3 .\n- (a) is mentioned in schedule 1 , part 1 ; and\n- (b) for a dependency claim—includes the information mentioned in schedule 1 , part 2 ; and\n- (c) for a health care claim—includes the information mentioned in schedule 1 , part 3 .","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Records and sources of information for notice of claim— Act , s 9","content":"### sec.5 Records and sources of information for notice of claim— Act , s 9\n\nFor section 9 (2) (b) of the Act , the specified records and sources of information relevant to the claim are—\nif the personal injury to which the claim relates aggravated a pre-existing injury or condition—\nany 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\nany 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\nrecords in the possession of a relevant entity or the Motor Accident Insurance Commission that are relevant to—\nan investigation of the incident alleged to have given rise to the personal injury to which the claim relates; or\nan assessment of the injured person’s economic loss; and\nreports 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\nrecords 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\nreports 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\nwage, 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\nacademic records in the possession of any educational institution attended by the injured person and, if the claim is a dependency claim, of each dependant.\nIn this section—\nMotor Accident Insurance Commission means the entity of that name established under the Motor Accident Insurance Act 1994 , section 6 .\nrelevant 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.\n(sec.5-ssec.1) 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.\n(sec.5-ssec.2) 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.\n- (a) if the personal injury to which the claim relates aggravated a pre-existing injury or condition— (i) 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 (ii) 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\n- (i) 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\n- (ii) 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\n- (b) records in the possession of a relevant entity or the Motor Accident Insurance Commission that are relevant to— (i) an investigation of the incident alleged to have given rise to the personal injury to which the claim relates; or (ii) an assessment of the injured person’s economic loss; and\n- (i) an investigation of the incident alleged to have given rise to the personal injury to which the claim relates; or\n- (ii) an assessment of the injured person’s economic loss; and\n- (c) 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\n- (d) 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\n- (e) 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\n- (f) 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\n- (g) 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.\n- (i) 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\n- (ii) 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\n- (i) an investigation of the incident alleged to have given rise to the personal injury to which the claim relates; or\n- (ii) an assessment of the injured person’s economic loss; and","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Documents to accompany notice of claim— Act , s 9","content":"### sec.6 Documents to accompany notice of claim— Act , s 9\n\nFor section 9 (2) (d) of the Act , this section provides for the documents required to accompany a notice of a claim.\nPart 1 of the notice of the claim must be accompanied by each of the following documents—\nthe claimant’s certificate, subject to subsection (3) ;\nfor 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;\nfor a dependency claim—a copy of the injured person’s death certificate;\nfor a health care claim—the following documents in the claimant’s possession—\na 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;\na 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.\nIf 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 .\nPart 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.\n(sec.6-ssec.1) For section 9 (2) (d) of the Act , this section provides for the documents required to accompany a notice of a claim.\n(sec.6-ssec.2) 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.\n(sec.6-ssec.3) 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 .\n(sec.6-ssec.4) 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.\n- (a) the claimant’s certificate, subject to subsection (3) ;\n- (b) 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;\n- (c) for a dependency claim—a copy of the injured person’s death certificate;\n- (d) for a health care claim—the following documents in the claimant’s possession— (i) 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; (ii) 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.\n- (i) 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;\n- (ii) 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.\n- (i) 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;\n- (ii) 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.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Claimant’s certificate","content":"### sec.7 Claimant’s certificate\n\nA claimant’s certificate for a notice of a claim is a certificate, complying with subsection (2) , that states—\nwhether the claimant is making the claim on the claimant’s own initiative; and\nwhether or not the claimant was personally approached or contacted by a person and solicited or induced to make the claim; and\nif the claimant was personally approached or contacted by a person and solicited or induced to make the claim—\nthe name of the person who approached or contacted the claimant; and\nthe circumstances in which the person approached or contacted the claimant; and\nif 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.\nA claimant’s certificate must be—\nin a form approved by the commissioner; and\nverified by statutory declaration.\n(sec.7-ssec.1) 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.\n(sec.7-ssec.2) A claimant’s certificate must be— in a form approved by the commissioner; and verified by statutory declaration.\n- (a) whether the claimant is making the claim on the claimant’s own initiative; and\n- (b) whether or not the claimant was personally approached or contacted by a person and solicited or induced to make the claim; and\n- (c) if the claimant was personally approached or contacted by a person and solicited or induced to make the claim— (i) the name of the person who approached or contacted the claimant; and (ii) the circumstances in which the person approached or contacted the claimant; and\n- (i) the name of the person who approached or contacted the claimant; and\n- (ii) the circumstances in which the person approached or contacted the claimant; and\n- (d) 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.\n- (i) the name of the person who approached or contacted the claimant; and\n- (ii) the circumstances in which the person approached or contacted the claimant; and\n- (a) in a form approved by the commissioner; and\n- (b) verified by statutory declaration.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Period for giving notice of claim to other party— Act , s 9","content":"### sec.8 Period for giving notice of claim to other party— Act , s 9\n\nFor 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—\ngive 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\nadvise the claimant about the other party under section 9 (7) (b) of the Act .\nThe period prescribed is the period ending on the later of the following days—\nthe day that is 1 month after the day the person is given part 1 of the notice of the claim;\nthe day that is 7 days after the day the person identifies the other party.\n(sec.8-ssec.1) 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 .\n(sec.8-ssec.2) 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.\n- (a) 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\n- (b) advise the claimant about the other party under section 9 (7) (b) of the Act .\n- (a) the day that is 1 month after the day the person is given part 1 of the notice of the claim;\n- (b) the day that is 7 days after the day the person identifies the other party.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Giving notice of claim electronically for urgent proceeding— Act , s 44","content":"### sec.9 Giving notice of claim electronically for urgent proceeding— Act , s 44\n\nThis section provides for giving a claimant’s notice of a claim electronically to a proposed respondent for section 44 (5) of the Act .\nIf 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.\nIn this section—\nelectronic address means a digital mailbox address, email address, internet protocol address or mobile telephone number.\n(sec.9-ssec.1) This section provides for giving a claimant’s notice of a claim electronically to a proposed respondent for section 44 (5) of the Act .\n(sec.9-ssec.2) 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.\n(sec.9-ssec.3) In this section— electronic address means a digital mailbox address, email address, internet protocol address or mobile telephone number.","sortOrder":10},{"sectionNumber":"pt.3","sectionType":"part","heading":"Other matters relating to claims","content":"# Other matters relating to claims","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Addition of respondent— Act , s 14","content":"### sec.10 Addition of respondent— Act , s 14\n\nThis section applies in relation to the addition of a person as a respondent to a claim.\nFor 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—\nthe day by which part 1 of a notice of a claim must be given by the claimant under—\nsection 9 (3) of the Act ; or\nif section 9A of the Act applies to the claim— section 9A (9) (b) of the Act ;\nthe 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 ;\nthe 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 .\nFor 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 .\n(sec.10-ssec.1) This section applies in relation to the addition of a person as a respondent to a claim.\n(sec.10-ssec.2) 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 .\n(sec.10-ssec.3) 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 .\n- (a) the day by which part 1 of a notice of a claim must be given by the claimant under— (i) section 9 (3) of the Act ; or (ii) if section 9A of the Act applies to the claim— section 9A (9) (b) of the Act ;\n- (i) section 9 (3) of the Act ; or\n- (ii) if section 9A of the Act applies to the claim— section 9A (9) (b) of the Act ;\n- (b) 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 ;\n- (c) 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 .\n- (i) section 9 (3) of the Act ; or\n- (ii) if section 9A of the Act applies to the claim— section 9A (9) (b) of the Act ;","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Addition of contributor— Act , s 16","content":"### sec.11 Addition of contributor— Act , s 16\n\nThis section applies in relation to the addition of a person as a contributor for a claim.\nFor 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—\nthe day that is 3 months after the respondent is given part 1 of the notice of the claim;\nthe day that is 7 days after the respondent identifies the person as a contributor.\nFor 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 .\n(sec.11-ssec.1) This section applies in relation to the addition of a person as a contributor for a claim.\n(sec.11-ssec.2) 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.\n(sec.11-ssec.3) 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 .\n- (a) the day that is 3 months after the respondent is given part 1 of the notice of the claim;\n- (b) the day that is 7 days after the respondent identifies the person as a contributor.","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"Information for contributor’s response— Act , s 17","content":"### sec.12 Information for contributor’s response— Act , s 17\n\nFor section 17 (1) (a) of the Act , the following information is prescribed—\nthe contributor’s full name;\nthe contributor’s business address;\nthe contributor’s postal address;\nif a lawyer is acting for the contributor—the name and contact details of the lawyer;\nthe contributor’s ABN, if any;\nif the contributor is a corporation—\nthe corporation’s ACN; and\nthe corporation’s registered office.\n- (a) the contributor’s full name;\n- (b) the contributor’s business address;\n- (c) the contributor’s postal address;\n- (d) if a lawyer is acting for the contributor—the name and contact details of the lawyer;\n- (e) the contributor’s ABN, if any;\n- (f) if the contributor is a corporation— (i) the corporation’s ACN; and (ii) the corporation’s registered office.\n- (i) the corporation’s ACN; and\n- (ii) the corporation’s registered office.\n- (i) the corporation’s ACN; and\n- (ii) the corporation’s registered office.","sortOrder":14},{"sectionNumber":"sec.13","sectionType":"section","heading":"Accompanying statement for offer of settlement to unrepresented claimant","content":"### sec.13 Accompanying statement for offer of settlement to unrepresented claimant\n\nThis section applies in relation to an offer of settlement made by a respondent to a claimant, if the claimant is not represented by a lawyer.\nThe offer of settlement must be accompanied by the following statement—\n‘Your acceptance of this offer of settlement will finalise this claim and you will not be able to make any further claim or receive any further payment from (name of the respondent) for personal injury you received arising out of this incident.\nIf you have a concern about accepting this offer of settlement, you should seek independent legal advice.’.\n(sec.13-ssec.1) This section applies in relation to an offer of settlement made by a respondent to a claimant, if the claimant is not represented by a lawyer.\n(sec.13-ssec.2) The offer of settlement must be accompanied by the following statement— ‘Your acceptance of this offer of settlement will finalise this claim and you will not be able to make any further claim or receive any further payment from (name of the respondent) for personal injury you received arising out of this incident. If you have a concern about accepting this offer of settlement, you should seek independent legal advice.’.\n- ‘Your acceptance of this offer of settlement will finalise this claim and you will not be able to make any further claim or receive any further payment from (name of the respondent) for personal injury you received arising out of this incident.\n- If you have a concern about accepting this offer of settlement, you should seek independent legal advice.’.","sortOrder":15},{"sectionNumber":"sec.14","sectionType":"section","heading":"Basis for costs on acceptance of offer between lower offer limit and upper offer limit— Act , s 40","content":"### sec.14 Basis for costs on acceptance of offer between lower offer limit and upper offer limit— Act , s 40\n\nFor section 40 (2) of the Act , the claimant is entitled to payment of costs of the lesser of the following amounts—\nthe declared costs limit;\nthe total amount calculated under subsection (2) .\nFor subsection (1) (b) , the amount is the total of the amounts of each of the following costs—\n100% of item 1 costs;\n50% of item 5 costs;\nif relevant, the claimant’s cost of legal representation at the compulsory conference at the rate of—\n$175 for the first hour; and\n$150 for each hour after the first; and\nfor a period of less than 1 hour, the relevant proportion of the hourly rate under subparagraph (i) or (ii) ;\nthe claimant’s costs of an application to the court up to a maximum of $400 for each application;\nreasonable disbursements if documentary evidence supporting the disbursements is available.\nIn this section—\nitem 1 costs means costs allowable under the Uniform Civil Procedure Rules 1999 , schedule 2 , part 2 , item 1, column D.\nitem 5 costs means costs allowable under the Uniform Civil Procedure Rules 1999 , schedule 2 , part 2 , item 5, column D.\n(sec.14-ssec.1) For section 40 (2) of the Act , the claimant is entitled to payment of costs of the lesser of the following amounts— the declared costs limit; the total amount calculated under subsection (2) .\n(sec.14-ssec.2) For subsection (1) (b) , the amount is the total of the amounts of each of the following costs— 100% of item 1 costs; 50% of item 5 costs; if relevant, the claimant’s cost of legal representation at the compulsory conference at the rate of— $175 for the first hour; and $150 for each hour after the first; and for a period of less than 1 hour, the relevant proportion of the hourly rate under subparagraph (i) or (ii) ; the claimant’s costs of an application to the court up to a maximum of $400 for each application; reasonable disbursements if documentary evidence supporting the disbursements is available.\n(sec.14-ssec.3) In this section— item 1 costs means costs allowable under the Uniform Civil Procedure Rules 1999 , schedule 2 , part 2 , item 1, column D. item 5 costs means costs allowable under the Uniform Civil Procedure Rules 1999 , schedule 2 , part 2 , item 5, column D.\n- (a) the declared costs limit;\n- (b) the total amount calculated under subsection (2) .\n- (a) 100% of item 1 costs;\n- (b) 50% of item 5 costs;\n- (c) if relevant, the claimant’s cost of legal representation at the compulsory conference at the rate of— (i) $175 for the first hour; and (ii) $150 for each hour after the first; and (iii) for a period of less than 1 hour, the relevant proportion of the hourly rate under subparagraph (i) or (ii) ;\n- (i) $175 for the first hour; and\n- (ii) $150 for each hour after the first; and\n- (iii) for a period of less than 1 hour, the relevant proportion of the hourly rate under subparagraph (i) or (ii) ;\n- (d) the claimant’s costs of an application to the court up to a maximum of $400 for each application;\n- (e) reasonable disbursements if documentary evidence supporting the disbursements is available.\n- (i) $175 for the first hour; and\n- (ii) $150 for each hour after the first; and\n- (iii) for a period of less than 1 hour, the relevant proportion of the hourly rate under subparagraph (i) or (ii) ;","sortOrder":16},{"sectionNumber":"pt.4","sectionType":"part","heading":"Transitional provision","content":"# Transitional provision","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Reference to expired regulation","content":"### sec.15 Reference to expired regulation\n\nIn a document, a reference to the expired regulation may, if the context permits, be taken to be a reference to this regulation.\nIn this section—\nexpired regulation means the expired Personal Injuries Proceeding Regulation 2014 .\n(sec.15-ssec.1) In a document, a reference to the expired regulation may, if the context permits, be taken to be a reference to this regulation.\n(sec.15-ssec.2) In this section— expired regulation means the expired Personal Injuries Proceeding Regulation 2014 .","sortOrder":18},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Information for all claims","content":"# Information for all claims","sortOrder":19},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":"Information about injured person","content":"### sch.1-sec.1 Information about injured person\n\nEach of the following particulars about the injured person—\nthe person’s full name, address and telephone number;\nany other name by which the person is known or has been known;\nthe person’s date of birth;\nthe person’s gender;\nthe name of any educational institution attended by the person;\ndetails of the person’s consumption of alcohol or drugs, including medication, during the 12 hours before the incident.\n- (a) the person’s full name, address and telephone number;\n- (b) any other name by which the person is known or has been known;\n- (c) the person’s date of birth;\n- (d) the person’s gender;\n- (e) the name of any educational institution attended by the person;\n- (f) details of the person’s consumption of alcohol or drugs, including medication, during the 12 hours before the incident.","sortOrder":20},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":"Information about incident","content":"### sch.1-sec.2 Information about incident\n\nEach of the following particulars about the incident alleged to have caused the personal injury to which the claim relates—\nthe date, time and place of the incident;\ndetails of how the incident happened;\nif appropriate, a diagram or image showing, to the best of the claimant’s knowledge, the scene of the incident;\na map or plan showing details of the scene of the incident\na photograph with markings showing details of the scene of the incident\nthe names, addresses and, if known, telephone numbers of any witnesses to the incident;\nthe names, addresses and, if known, telephone numbers of any other persons able to provide relevant particulars about the incident;\nif an emergency response entity or an investigative entity attended the incident—\nthe name of the entity; and\nif known, the name of the person who attended the incident on behalf of the entity; and\nthe entity’s contact details and, if known, the attending person’s contact details; and\nif known, any reference number assigned to the incident by the entity;\nthe name, address and, if known, telephone number of each person who was, in the claimant’s opinion, responsible for causing the incident;\nthe reasons the claimant attributes responsibility to each person to whom paragraph (g) relates;\nfor a claim, other than a child abuse claim or health care claim, if a protective device was available for use—\nthe nature of the device; and\nwhether or not the injured person was using the device when the incident happened.\nIn this section—\nabuse , of a child, see section 9 (10) of the Act .\nchild abuse claim means a claim based on a personal injury of a person resulting from the abuse of the person when the person was a child.\n(sch.1-sec.2-ssec.1) Each of the following particulars about the incident alleged to have caused the personal injury to which the claim relates— the date, time and place of the incident; details of how the incident happened; if appropriate, a diagram or image showing, to the best of the claimant’s knowledge, the scene of the incident; a map or plan showing details of the scene of the incident a photograph with markings showing details of the scene of the incident the names, addresses and, if known, telephone numbers of any witnesses to the incident; the names, addresses and, if known, telephone numbers of any other persons able to provide relevant particulars about the incident; if an emergency response entity or an investigative entity attended the incident— the name of the entity; and if known, the name of the person who attended the incident on behalf of the entity; and the entity’s contact details and, if known, the attending person’s contact details; and if known, any reference number assigned to the incident by the entity; the name, address and, if known, telephone number of each person who was, in the claimant’s opinion, responsible for causing the incident; the reasons the claimant attributes responsibility to each person to whom paragraph (g) relates; for a claim, other than a child abuse claim or health care claim, if a protective device was available for use— the nature of the device; and whether or not the injured person was using the device when the incident happened.\n(sch.1-sec.2-ssec.2) In this section— abuse , of a child, see section 9 (10) of the Act . child abuse claim means a claim based on a personal injury of a person resulting from the abuse of the person when the person was a child.\n- (a) the date, time and place of the incident;\n- (b) details of how the incident happened;\n- (c) if appropriate, a diagram or image showing, to the best of the claimant’s knowledge, the scene of the incident; Example of a diagram— a map or plan showing details of the scene of the incident Example of an image— a photograph with markings showing details of the scene of the incident\n- (d) the names, addresses and, if known, telephone numbers of any witnesses to the incident;\n- (e) the names, addresses and, if known, telephone numbers of any other persons able to provide relevant particulars about the incident;\n- (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 contact details and, if known, the attending person’s contact details; and (iv) if known, any reference number assigned to the incident by the entity;\n- (i) the name of the entity; and\n- (ii) if known, the name of the person who attended the incident on behalf of the entity; and\n- (iii) the entity’s contact details and, if known, the attending person’s contact details; and\n- (iv) if known, any reference number assigned to the incident by the entity;\n- (g) the name, address and, if known, telephone number of each person who was, in the claimant’s opinion, responsible for causing the incident;\n- (h) the reasons the claimant attributes responsibility to each person to whom paragraph (g) relates;\n- (i) for a claim, other than a child abuse claim or health care claim, if a protective device was available for use— (i) the nature of the device; and (ii) whether or not the injured person was using the device when the incident happened.\n- (i) the nature of the device; and\n- (ii) whether or not the injured person was using the device when the incident happened.\n- (i) the name of the entity; and\n- (ii) if known, the name of the person who attended the incident on behalf of the entity; and\n- (iii) the entity’s contact details and, if known, the attending person’s contact details; and\n- (iv) if known, any reference number assigned to the incident by the entity;\n- (i) the nature of the device; and\n- (ii) whether or not the injured person was using the device when the incident happened.","sortOrder":21},{"sectionNumber":"sch.1-sec.3","sectionType":"section","heading":"Information about nature and treatment of personal injury","content":"### sch.1-sec.3 Information about nature and treatment of personal injury\n\nEach of the following particulars about the nature and treatment of the injured person’s personal injury to which the claim relates—\na description of the personal injury suffered;\na description of how the personal injury affects the person at the date of the notice of the claim;\nif the person was or is hospitalised for treatment of the personal injury, details of the hospitalisation;\nif the person received or is receiving medical treatment for the personal injury—\nthe name and address of the person providing the treatment; and\ndetails about the treatment provided;\nif the person received or is receiving rehabilitation for the personal injury—\nthe name and address of the person providing the rehabilitation; and\ndetails about the rehabilitation provided;\nfor a claim, other than a dependency claim, details of any disability suffered by the injured person from the personal injury if—\nthe disability is relevant to the assessment of the extent of the personal injury; or\nthe disability or its symptoms lasted for 4 weeks or longer;\nif the personal injury caused by the incident aggravated a pre-existing injury or medical condition, details of how the personal injury aggravated the pre-existing injury or condition.\n- (a) a description of the personal injury suffered;\n- (b) a description of how the personal injury affects the person at the date of the notice of the claim;\n- (c) if the person was or is hospitalised for treatment of the personal injury, details of the hospitalisation;\n- (d) if the person received or is receiving medical treatment for the personal injury— (i) the name and address of the person providing the treatment; and (ii) details about the treatment provided;\n- (i) the name and address of the person providing the treatment; and\n- (ii) details about the treatment provided;\n- (e) if the person received or is receiving rehabilitation for the personal injury— (i) the name and address of the person providing the rehabilitation; and (ii) details about the rehabilitation provided;\n- (i) the name and address of the person providing the rehabilitation; and\n- (ii) details about the rehabilitation provided;\n- (f) for a claim, other than a dependency claim, 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 longer;\n- (i) the disability is relevant to the assessment of the extent of the personal injury; or\n- (ii) the disability or its symptoms lasted for 4 weeks or longer;\n- (g) if the personal injury caused by the incident aggravated a pre-existing injury or medical condition, details of how the personal injury aggravated the pre-existing injury or condition.\n- (i) the name and address of the person providing the treatment; and\n- (ii) details about the treatment provided;\n- (i) the name and address of the person providing the rehabilitation; and\n- (ii) details about the rehabilitation provided;\n- (i) the disability is relevant to the assessment of the extent of the personal injury; or\n- (ii) the disability or its symptoms lasted for 4 weeks or longer;","sortOrder":22},{"sectionNumber":"sch.1-sec.4","sectionType":"section","heading":"Information about economic loss","content":"### sch.1-sec.4 Information about economic loss\n\nEach of the following particulars relevant to the injured person’s claim for economic loss—\nthe person’s usual occupation and, if the person is currently employed, the name and address of the person’s employer;\ndetails of the person’s employment from at least 3 years immediately before the incident until the date of the notice of the claim, including—\ndetails of the person’s income; and\nthe names of the person’s employers; and\nthe duration of the person’s employment with each employer; and\nthe positions the person held;\nthe person’s gross weekly income when the incident happened;\nfull details of the nature and extent of the person’s economic loss, as far as it can be assessed at the date of the notice of the claim;\ndetails of all claims made by the person for damages, compensation or social security benefits for a disability mentioned in section 3 (f) of this schedule;\ndetails of all amounts received by the person by way of damages, compensation or social security benefits for a disability mentioned in section 3 (f) of this schedule;\ndetails of all claims made by the person for damages, compensation or social security benefits for a personal injury, illness or disability mentioned in section 5 (d) of this schedule;\ndetails of all amounts received by the person for damages, compensation or social security benefits for a personal injury, illness or disability mentioned in section 5 (d) of this schedule;\nwhether the 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;\nthe name and contact details of each accountant who prepared the person’s tax or business records from at least 3 years immediately before the incident until the date of the notice of the claim.\n- (a) the person’s usual occupation and, if the person is currently employed, the name and address of the person’s employer;\n- (b) details of the person’s employment from at least 3 years immediately before the incident until the date of the notice of the claim, including— (i) details of the person’s income; and (ii) the names of the person’s employers; and (iii) the duration of the person’s employment with each employer; and (iv) the positions the person held;\n- (i) details of the person’s income; and\n- (ii) the names of the person’s employers; and\n- (iii) the duration of the person’s employment with each employer; and\n- (iv) the positions the person held;\n- (c) the person’s gross weekly income when the incident happened;\n- (d) full details of the nature and extent of the person’s economic loss, as far as it can be assessed at the date of the notice of the claim;\n- (e) details of all claims made by the person for damages, compensation or social security benefits for a disability mentioned in section 3 (f) of this schedule;\n- (f) details of all amounts received by the person by way of damages, compensation or social security benefits for a disability mentioned in section 3 (f) of this schedule;\n- (g) details of all claims made by the person for damages, compensation or social security benefits for a personal injury, illness or disability mentioned in section 5 (d) of this schedule;\n- (h) details of all amounts received by the person for damages, compensation or social security benefits for a personal injury, illness or disability mentioned in section 5 (d) of this schedule;\n- (i) whether the 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;\n- (j) the name and contact details of each accountant who prepared the person’s tax or business records from at least 3 years immediately before the incident until the date of the notice of the claim.\n- (i) details of the person’s income; and\n- (ii) the names of the person’s employers; and\n- (iii) the duration of the person’s employment with each employer; and\n- (iv) the positions the person held;","sortOrder":23},{"sectionNumber":"sch.1-sec.5","sectionType":"section","heading":"Other information required generally","content":"### sch.1-sec.5 Other information required generally\n\nEach of the following particulars of a general nature—\nif 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;\nthe date the claimant first consulted a lawyer about the possibility of making a claim;\nthe name, address and, if known, telephone number of any person to whom the claimant has given, or intends to give, a notice of a claim in relation to the personal injury to which the claim relates;\ndetails 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;\nwhen the injured person returned to work or expects to return to work.\n- (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;\n- (b) the date the claimant first consulted a lawyer about the possibility of making a claim;\n- (c) the name, address and, if known, telephone number of any person to whom the claimant has given, or intends to give, a notice of a claim in relation to the personal injury to which the claim relates;\n- (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;\n- (e) when the injured person returned to work or expects to return to work.","sortOrder":24},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Additional information for dependency claims","content":"# Additional information for dependency claims","sortOrder":25},{"sectionNumber":"sch.1-sec.6","sectionType":"section","heading":"Information about claimant","content":"### sch.1-sec.6 Information about claimant\n\nEach of the following particulars about the claimant—\nthe claimant’s full name and address;\nthe claimant’s relationship to the injured person;\nif the claimant was the spouse of the injured person—\nfor a claimant who was married to the injured person—the date and place of the marriage; or\nfor a claimant who was in a civil partnership with the injured person—the date the civil partnership had effect and the place of registration; or\nfor a claimant who was in a de facto relationship with the injured person—the date on which they started living together in the de facto relationship;\nif the claimant suffers from a serious medical condition or disability—the nature of the condition or disability;\nthe date the claimant first consulted a lawyer about the possibility of making a claim.\n- (a) the claimant’s full name and address;\n- (b) the claimant’s relationship to the injured person;\n- (c) if the claimant was the spouse of the injured person— (i) for a claimant who was married to the injured person—the date and place of the marriage; or (ii) for a claimant who was in a civil partnership with the injured person—the date the civil partnership had effect and the place of registration; or (iii) for a claimant who was in a de facto relationship with the injured person—the date on which they started living together in the de facto relationship;\n- (i) for a claimant who was married to the injured person—the date and place of the marriage; or\n- (ii) for a claimant who was in a civil partnership with the injured person—the date the civil partnership had effect and the place of registration; or\n- (iii) for a claimant who was in a de facto relationship with the injured person—the date on which they started living together in the de facto relationship;\n- (d) if the claimant suffers from a serious medical condition or disability—the nature of the condition or disability;\n- (e) the date the claimant first consulted a lawyer about the possibility of making a claim.\n- (i) for a claimant who was married to the injured person—the date and place of the marriage; or\n- (ii) for a claimant who was in a civil partnership with the injured person—the date the civil partnership had effect and the place of registration; or\n- (iii) for a claimant who was in a de facto relationship with the injured person—the date on which they started living together in the de facto relationship;","sortOrder":26},{"sectionNumber":"sch.1-sec.7","sectionType":"section","heading":"Information about each dependant","content":"### sch.1-sec.7 Information about each dependant\n\nEach of the following particulars about each dependant, including the claimant, if the claimant is a dependant—\nthe dependant’s full name and address;\nwhether the dependant is—\nmarried; or\nin a civil partnership; or\nin a de facto relationship;\nthe dependant’s date of birth;\nthe dependant’s gender;\nthe dependant’s relationship to the injured person;\nwhether the dependant is a full-time student;\nif the dependant has an independent income—the amount and source of the income;\nif 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;\nif 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 or benefits and how often they were received;\nif the dependant suffers from a serious medical condition or disability—the nature of the condition or disability.\n- (a) the dependant’s full name and address;\n- (b) whether the dependant is— (i) married; or (ii) in a civil partnership; or (iii) in a de facto relationship;\n- (i) married; or\n- (ii) in a civil partnership; or\n- (iii) in a de facto relationship;\n- (c) the dependant’s date of birth;\n- (d) the dependant’s gender;\n- (e) the dependant’s relationship to the injured person;\n- (f) whether the dependant is a full-time student;\n- (g) if the dependant has an independent income—the amount and source of the income;\n- (h) 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;\n- (i) 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 or benefits and how often they were received;\n- (j) if the dependant suffers from a serious medical condition or disability—the nature of the condition or disability.\n- (i) married; or\n- (ii) in a civil partnership; or\n- (iii) in a de facto relationship;","sortOrder":27},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"Additional information for health care claims","content":"# Additional information for health care claims","sortOrder":28},{"sectionNumber":"sch.1-sec.8","sectionType":"section","heading":"Information relevant to health care claims","content":"### sch.1-sec.8 Information relevant to health care claims\n\nEach of the following particulars for a health care claim—\na description of the medical condition for which the injured person sought treatment;\nthe aspect of the treatment alleged to have given rise to the personal injury or to have aggravated a pre-existing injury or condition;\nthe nature, type and severity of symptoms alleged to have arisen from the treatment;\nif applicable, the name, address and, if known, telephone number of each health care provider who treated the injured person in relation to the medical condition for which treatment was sought during the 3 years before the day the person started receiving the treatment alleged to have given rise to the personal injury;\nif the injured person made a complaint to a health service complaints entity under a health service complaints Act about a person alleged to have caused the personal injury—\nthe date the complaint was made; and\nif the complaint was finalised under the health service complaints Act—\nbrief details of how the complaint was dealt with; and\nthe date the complaint was finalised;\nif the claim relates to an alleged failure of the health care provider to inform or adequately inform the injured person of the risks involved in the treatment sought—\nthe date, time and place of each consultation with the health care provider at which it is alleged information of the risks should have been given; and\nif written or oral information or a warning was given to the injured person by the health care provider about the treatment—\nthe date and place the information or warning was given; and\ndetails of the information or warning including what the injured person was informed or warned about; and\nthe risks about which the injured person should have been informed, or adequately informed, by the health care provider;\nif 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;\nthe name, address and, if known, telephone number of each health care provider who provided the injured person with information or an explanation about the personal injury or an aggravation of a pre-existing injury alleged to have arisen from the treatment.\nIn this section—\nhealth service complaints Act means an Act mentioned in the definition health service complaints entity , paragraph (a) , (b) or (c) .\nhealth service complaints entity means—\nthe health ombudsman under the Health Ombudsman Act 2013 ; or\nthe Health Quality and Complaints Commission under the repealed Health Quality and Complaints Commission Act 2006 ; or\nthe Health Rights Commission under the repealed Health Rights Commission Act 1991 .\n(sch.1-sec.8-ssec.1) Each of the following particulars for a health care claim— a description of the medical condition for which the injured person sought treatment; the aspect of the treatment alleged to have given rise to the personal injury or to have aggravated a pre-existing injury or condition; the nature, type and severity of symptoms alleged to have arisen from the treatment; if applicable, the name, address and, if known, telephone number of each health care provider who treated the injured person in relation to the medical condition for which treatment was sought during the 3 years before the day the person started receiving the treatment alleged to have given rise to the personal injury; if the injured person made a complaint to a health service complaints entity under a health service complaints Act about a person alleged to have caused the personal injury— the date the complaint was made; and if the complaint was finalised under the health service complaints Act— brief details of how the complaint was dealt with; and the date the complaint was finalised; if the claim relates to an alleged failure of the health care provider to inform or adequately inform the injured person of the risks involved in the treatment sought— the date, time and place of each consultation with the health care provider at which it is alleged information of the risks should have been given; and if written or oral information or a warning was given to the injured person by the health care provider about the treatment— the date and place the information or warning was given; and details of the information or warning including what the injured person was informed or warned about; and the risks about which the injured person should have been informed, or adequately informed, by the health care provider; 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; the name, address and, if known, telephone number of each health care provider who provided the injured person with information or an explanation about the personal injury or an aggravation of a pre-existing injury alleged to have arisen from the treatment.\n(sch.1-sec.8-ssec.2) In this section— health service complaints Act means an Act mentioned in the definition health service complaints entity , paragraph (a) , (b) or (c) . health service complaints entity means— the health ombudsman under the Health Ombudsman Act 2013 ; or the Health Quality and Complaints Commission under the repealed Health Quality and Complaints Commission Act 2006 ; or the Health Rights Commission under the repealed Health Rights Commission Act 1991 .\n- (a) a description of the medical condition for which the injured person sought treatment;\n- (b) the aspect of the treatment alleged to have given rise to the personal injury or to have aggravated a pre-existing injury or condition;\n- (c) the nature, type and severity of symptoms alleged to have arisen from the treatment;\n- (d) if applicable, the name, address and, if known, telephone number of each health care provider who treated the injured person in relation to the medical condition for which treatment was sought during the 3 years before the day the person started receiving the treatment alleged to have given rise to the personal injury;\n- (e) if the injured person made a complaint to a health service complaints entity under a health service complaints Act 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 health service complaints Act— (A) brief details of how the complaint was dealt with; and (B) the date the complaint was finalised;\n- (i) the date the complaint was made; and\n- (ii) if the complaint was finalised under the health service complaints Act— (A) brief details of how the complaint was dealt with; and (B) the date the complaint was finalised;\n- (A) brief details of how the complaint was dealt with; and\n- (B) the date the complaint was finalised;\n- (f) if the claim relates to 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 it is alleged 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;\n- (i) the date, time and place of each consultation with the health care provider at which it is alleged information of the risks should have been given; and\n- (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\n- (A) the date and place the information or warning was given; and\n- (B) details of the information or warning including what the injured person was informed or warned about; and\n- (iii) the risks about which the injured person should have been informed, or adequately informed, by the health care provider;\n- (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;\n- (h) the name, address and, if known, telephone number of each health care provider who provided the injured person with information or an explanation about the personal injury or an aggravation of a pre-existing injury alleged to have arisen from the treatment.\n- (i) the date the complaint was made; and\n- (ii) if the complaint was finalised under the health service complaints Act— (A) brief details of how the complaint was dealt with; and (B) the date the complaint was finalised;\n- (A) brief details of how the complaint was dealt with; and\n- (B) the date the complaint was finalised;\n- (A) brief details of how the complaint was dealt with; and\n- (B) the date the complaint was finalised;\n- (i) the date, time and place of each consultation with the health care provider at which it is alleged information of the risks should have been given; and\n- (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\n- (A) the date and place the information or warning was given; and\n- (B) details of the information or warning including what the injured person was informed or warned about; and\n- (iii) the risks about which the injured person should have been informed, or adequately informed, by the health care provider;\n- (A) the date and place the information or warning was given; and\n- (B) details of the information or warning including what the injured person was informed or warned about; and\n- (a) the health ombudsman under the Health Ombudsman Act 2013 ; or\n- (b) the Health Quality and Complaints Commission under the repealed Health Quality and Complaints Commission Act 2006 ; or\n- (c) the Health Rights Commission under the repealed Health Rights Commission Act 1991 .","sortOrder":29}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulation is consistent with its stated purpose: it is a procedural instrument that fills in the operational detail required by the parent Personal Injuries Proceedings Act. It does not appear to expand or contract the scope of that Act — it simply prescribes the forms, information, documents, and timeframes that the Act itself says the regulation must specify. The inclusion of anti-solicitation disclosure requirements (claimant's certificate) and the specific costs formula are features of the existing legislative scheme rather than scope expansions."},"complexity_factors":["Multiple claim types (standard, dependency/death, health care) with different information requirements stacked on top of each other","Heavily cross-referenced to the parent Act (Personal Injuries Proceedings Act) — many sections only make sense if you can read the Act alongside them","Cascading deadline structure with multiple 'latest of' and 'later of' date calculations that interact with each other","Layered party structure involving claimants, respondents, contributors, and third parties with separate notice obligations for each","Detailed cost calculation formula referencing external document (Uniform Civil Procedure Rules 1999 Schedule 2) requiring knowledge of that separate instrument","Definitions spread across the body of the regulation, two schedules, and the parent Act itself","Three-tier schedule structure (general claims, dependency claims, health care claims) with extensive nested sub-requirements","Anti-touting/referral disclosure obligations that introduce a quasi-regulatory compliance dimension beyond simple procedural steps","Multiple references to other regulatory bodies (Motor Accident Insurance Commission, health ombudsman, repealed commissions) requiring contextual knowledge"],"plain_english_summary":"## What is this law?\n\nThis is a Queensland regulation (a detailed set of rules made under a broader law called the *Personal Injuries Proceedings Act*) that sets out the **step-by-step process** for how a person injured through someone else's fault must formally notify the other party before they can sue for compensation.\n\n## Who does it affect?\n\n- **Injured people** (and their lawyers) who want to make a personal injury compensation claim — whether from an accident, negligence, medical treatment gone wrong, or the death of a family breadwinner\n- **Insurers and organisations** who receive these claims\n- **Lawyers** acting for either side\n- **Hospitals, employers, government agencies** who may hold records relevant to a claim\n\n## What does it actually require?\n\n**If you want to make a personal injury claim**, you must first send a formal \"notice of claim\" — think of it as a detailed information package — to the person or organisation you're blaming. This regulation spells out exactly what must go in that package:\n\n### For every claim, you must include:\n- Your personal details, employment history (going back at least 3 years), income, and any prior injuries or disabilities\n- Full details of how the incident happened, including witnesses, who you think was responsible and why, plus whether any safety device (like a seatbelt or helmet) was available and whether you were using it\n- Details of your injury, all treatment received, and how the injury affects you today\n- Details of any financial losses (lost wages, etc.)\n- Whether you were **approached or solicited** to make the claim (to help crack down on dodgy referral arrangements between lawyers and claim-finders)\n\n### For death claims (\"dependency claims\"), you must also include:\n- Details about the deceased's dependants — spouses (including de facto partners), children — and their financial circumstances\n\n### For medical negligence claims (\"health care claims\"), you must also include:\n- What condition you were being treated for, what went wrong, any warnings or consent forms you received, and any complaints already made to health oversight bodies\n\n## Key documents you must attach:\n- A signed **claimant's certificate** (a sworn statutory declaration — a legally binding written statement) confirming whether someone approached you to make the claim\n- Doctor's certificates, death certificates, or medical consent forms as relevant\n- Any other documents in your possession relevant to your injury, losses, treatment or rehabilitation\n\n## Deadlines and timeframes:\n- Once someone receives your claim notice, they have **1 month** to pass it on to any other party who might also be responsible\n- Respondents (the party you're claiming against) have **3 months** to identify and add any other parties who share responsibility\n- Various 7-day windows apply for notifying parties once they've been formally added\n\n## Settlement offers to unrepresented claimants:\n- If you don't have a lawyer and you receive a settlement offer, the other side **must** include a written warning telling you the offer is final and urging you to get independent legal advice\n\n## Costs rules:\n- If you accept a settlement offer within a certain range, your legal costs are capped — you can recover no more than a set formula based on court scale costs plus conference attendance at **$175/hour (first hour) and $150/hour thereafter**, capped at the \"declared costs limit\"\n\n## Electronic notices:\n- Claim notices can be sent electronically (email, digital mailbox, SMS) if the other side has provided a written electronic address for that purpose\n\n## Why does this matter to you?\n\nIf you've been injured and want to sue someone for compensation, **you cannot just go straight to court**. You must follow this pre-claim process carefully. Getting it wrong — missing information, wrong documents, wrong timing — can delay or even derail your claim. On the flip side, if someone is claiming against you, this regulation tells you exactly what you're entitled to receive before the claim proceeds."},"issue_detection":{"absurdities":[{"type":"other","section":"sec.5(1)(a) and sec.5(1)(b)-(g)","severity":"medium","reasoning":"The grammatical structure of the list means that sub-items (a)(i) and (a)(ii) are conditional on a pre-existing injury, but items (b) through (g) appear to hang off the same list without clear indication of whether they are always mandatory or also conditional. This ambiguity could cause compliance difficulties — a claimant without a pre-existing injury may be uncertain whether items (b)-(g) apply at all.","confidence":0.72,"description":"The pre-existing injury records in sec.5(1)(a) are only required 'if the personal injury to which the claim relates aggravated a pre-existing injury or condition', yet sec.5(1)(b)-(g) are listed as standalone requirements with no conditional framing, creating an ambiguous structural hierarchy where it is unclear whether items (b)-(g) are always required or only conditionally required alongside (a)."},{"type":"self_contradicting","section":"sec.6(2)(a) and sec.6(3)","severity":"low","reasoning":"The regulation states the certificate 'must' accompany Part 1, then immediately qualifies it with 'subject to subsection (3)'. The exception is broad enough to apply in many standard cases (where a lawyer acts), meaning the stated mandatory requirement is effectively optional in routine practice. This is more a drafting awkwardness than a true logical impossibility, but it creates a misleading impression of mandatory compliance.","confidence":0.65,"description":"Section 6(2)(a) requires the claimant's certificate to accompany Part 1 of the notice of claim, but sec.6(3) creates an exception where, if a lawyer signs the notice, the certificate need not accompany Part 1 but must instead accompany a later document signed by the claimant under s.44(4) of the Act. This creates a structural absurdity: the certificate is listed as a mandatory document for Part 1 under sec.6(2)(a), subject to an exception that effectively removes it from Part 1 entirely in a common scenario (lawyer-signed notices), undermining the stated rule."},{"type":"circular_definition","section":"sch.1-sec.4(e) and sch.1-sec.4(g)","severity":"low","reasoning":"The relevance threshold in sch.1-sec.5(d) depends on how the prior disability 'may affect' the current claim's disabilities — a determination that cannot be made until the current claim is assessed. The claimant is asked to identify and disclose prior claims regarding conditions whose relevance is contingent on an unresolved factual question. This is a minor circularity but creates a genuine compliance difficulty.","confidence":0.6,"description":"Schedule 1, section 4(e) requires details of claims for a 'disability mentioned in section 3(f) of this schedule', and section 4(g) requires details of claims for a 'personal injury, illness or disability mentioned in section 5(d) of this schedule'. Section 5(d) of the schedule refers to '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'. This creates a potentially circular disclosure obligation: the claimant must disclose prior claims about conditions that may affect the current claim's disability assessment, but the relevance of those conditions is itself determined by the very injury being assessed."},{"type":"impossible_compliance","section":"sch.1-sec.8(2) — definition of 'health service complaints entity'","severity":"medium","reasoning":"While the definition is likely intended to capture historical complaints made to those bodies, the regulation's definition frames these as current 'health service complaints entities' rather than former ones. This could confuse claimants who made no complaint to either repealed body (because they could not — the entities no longer exist) but feel obligated to address these items. The drafting conflates historical relevance with current institutional existence.","confidence":0.78,"description":"The definition of 'health service complaints entity' includes two repealed bodies — the Health Quality and Complaints Commission (repealed Health Quality and Complaints Commission Act 2006) and the Health Rights Commission (repealed Health Rights Commission Act 1991). These entities no longer exist. A claimant cannot make a complaint to a non-existent entity, and requiring disclosure of complaints to defunct bodies in a 2025 regulation is practically absurd for prospective claims, though it may have some residual historical relevance."},{"type":"self_contradicting","section":"sec.7(1)(a) and sec.7(1)(b)","severity":"low","reasoning":"A claimant who was initially solicited but then independently decided to proceed might truthfully answer 'yes' to acting on their own initiative and 'yes' to being solicited. The certificate would then contain facially contradictory statements. The regulation provides no guidance on how to resolve or characterise this situation, and the statutory declaration requirement adds legal weight to both contradictory answers.","confidence":0.7,"description":"The claimant's certificate must state both 'whether the claimant is making the claim on the claimant's own initiative' (sec.7(1)(a)) and 'whether or not the claimant was personally approached or contacted by a person and solicited or induced to make the claim' (sec.7(1)(b)). These two questions are logically overlapping but not equivalent, creating potential for internally contradictory answers: a claimant could truthfully state they are acting on their own initiative while also having been solicited. The regulation does not address how to reconcile such a scenario."},{"type":"other","section":"sec.14(2)(c)(iii)","severity":"low","reasoning":"If the entire conference duration is less than one hour, subparagraph (ii) rate ($150/hr) never applies because there are no hours after the first. The provision implies both rates could apply to a sub-one-hour period, which is mathematically impossible within a single conference of less than one hour's duration.","confidence":0.6,"description":"Section 14(2)(c)(iii) provides for calculating costs for 'a period of less than 1 hour' at 'the relevant proportion of the hourly rate under subparagraph (i) or (ii)'. Subparagraph (i) applies to the first hour ($175) and subparagraph (ii) applies to each hour after the first ($150). For a period of less than 1 hour that is also the first period of attendance, subparagraph (i) applies. However, if the total attendance is less than 1 hour, there can be no 'hours after the first', making the reference to subparagraph (ii) in this context logically inapplicable. The provision is not internally inconsistent but the alternative reference to subparagraph (ii) is superfluous and potentially misleading in the context of sub-one-hour attendances."},{"type":"impossible_compliance","section":"sch.1-sec.1(f)","severity":"medium","reasoning":"In health care claims, the claimant may not know all medications administered pre-operatively by the facility. The treating institution controls that information, yet the claimant must disclose it. Additionally, health care claims are by definition about harm arising from treatment, making prior medication consumption a critical but potentially unknowable fact for the claimant at the notice stage.","confidence":0.68,"description":"Schedule 1, section 1(f) requires disclosure of 'details of the person's consumption of alcohol or drugs, including medication, during the 12 hours before the incident'. For health care claims — where the 'incident' is medical treatment — this would require the claimant to disclose all medications taken in the 12 hours before receiving treatment. This is simultaneously both overly broad (capturing routine daily medications with no bearing on the claim) and potentially impossible for patients who were administered medications by the treating facility as part of the treatment itself (particularly for elective procedures involving anaesthesia or pre-operative medication)."}],"contradictions":[{"severity":"medium","section_a":"sec.6(2)(b)","section_b":"sec.6(2)(d)","confidence":0.65,"description":"Section 6(2)(b) requires, for 'a claim, other than a health care claim', a copy of any medical certificate in the claimant's possession. Section 6(2)(d) separately provides for health care claim documents. However, a dependency claim (sec.4(b)) is neither excluded from sec.6(2)(b) nor listed as an 'other than' category, meaning a dependency claim (which involves the injured person's death) must include a death certificate under sec.6(2)(c) AND any medical certificate under sec.6(2)(b). No contradiction per se, but for dependency claims that are also health care claims — a logical possibility where negligent medical treatment caused the person's death — it is unclear whether the claim falls under sec.6(2)(b)-(c) or sec.6(2)(d), or all three simultaneously. The drafting does not address this overlap."},{"severity":"high","section_a":"sec.8(2)","section_b":"sec.10(2)(a)","confidence":0.72,"description":"Section 8(2) prescribes that a person given Part 1 of the notice must give a copy to any other party within 1 month (or 7 days after identifying the other party, whichever is later). Section 10(2)(a) prescribes the time for the claimant to add a respondent as the day by which Part 1 must be given under s.9(3) of the Act. If the respondent takes the full 1-month period under sec.8 to identify and notify another party, and the claimant's deadline to add respondents under sec.10(2)(a) has already passed or is concurrent, the claimant may be time-barred from adding the newly identified party as a respondent — defeating the purpose of the sec.8 notification obligation. Section 10(2)(c) partially addresses this by giving 1 month after receipt of a contribution notice, but does not cover all scenarios where the other party is identified via sec.8."},{"severity":"medium","section_a":"sch.1-sec.3(f)","section_b":"sch.1-sec.4(e) and (f)","confidence":0.82,"description":"Schedule 1, section 3(f) excludes dependency claims from the disability disclosure requirement (it applies 'for a claim, other than a dependency claim'). However, schedule 1, section 4(e) and (f) require economic loss information referencing 'a disability mentioned in section 3(f) of this schedule'. Since section 3(f) does not apply to dependency claims, the cross-reference in section 4(e) and (f) is meaningless for dependency claimants — yet section 4 applies to all claims (it is in Part 1, applicable to all claims). Dependency claimants are required to provide details of claims 'for a disability mentioned in section 3(f)' that, by operation of section 3(f) itself, they were never required to disclose in the first place."},{"severity":"low","section_a":"sec.5(1)(e)","section_b":"sec.5(1)(c)","confidence":0.75,"description":"Section 5(1)(e) requires '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'. Section 5(1)(c) similarly requires 'reports and clinical notes in the possession of a hospital... at which the injured person received treatment'. A hospital is a health care provider, so hospital records are captured by both (c) and (e), creating a duplicated obligation. While not a direct contradiction, this duplication may cause confusion about the scope of each obligation and whether compliance with (c) satisfies (e) for hospital-based providers or whether separate compliance is required under each head."},{"severity":"low","section_a":"sch.1-sec.8(1)(f)(ii)(A)-(B)","section_b":"sec.6(2)(d)(i)-(ii)","confidence":0.63,"description":"Schedule 1, section 8(f)(ii) requires disclosure, in the notice of claim information, of details of any warnings or information given to the injured person about treatment, including what the injured person was informed or warned about. Section 6(2)(d)(i) separately requires the claimant to provide a copy of 'any advice or warnings provided to the injured person by a health care provider'. These two provisions both address the same subject matter (warnings given about treatment) but impose different obligations — one requiring substantive details in the notice body, the other requiring production of documentary copies. If no written advice exists (only oral warnings), the claimant must describe it in the notice per schedule 1 but cannot produce a document per sec.6(2)(d)(i). The regulation does not address whether the absence of a document satisfies or excuses compliance with sec.6(2)(d)(i) in this scenario."}]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This appears to be a straightforward re-enactment/replacement of the Personal Injuries Proceedings Regulation 2014 (referenced in section 15). The scope remains consistent with the original intent - prescribing procedural requirements for personal injury claims under the Personal Injuries Proceedings Act 2002. No significant expansion beyond the original purpose is evident."},"complexity_factors":["Extensive cross-referencing to the parent Act (Personal Injuries Proceedings Act 2002) with 20+ references to specific sections","Multiple defined terms in Schedule 2 dictionary (though not fully shown in extract, structure indicates substantial definitions)","Nested conditional logic throughout - different rules apply depending on claim type (dependency claim vs health care claim vs standard claim)","Complex multi-level numbering system (sections, subsections, paragraphs, subparagraphs) creating 5+ levels of hierarchy in some provisions","Multiple time calculation provisions with 'later of' and 'latest of' formulations requiring comparison of several dates","Extensive document requirements in Schedule 1 with 50+ specific items of required information across different claim types","External references to other legislation including Motor Accident Insurance Act 1994, Uniform Civil Procedure Rules 1999, and multiple health complaints Acts","Cost calculation formulas in section 14 requiring reference to external court rules and mathematical calculations with multiple variables"],"plain_english_summary":"This regulation sets out the procedural rules for making personal injury claims in Queensland. It replaces the 2014 version and takes effect on 1 September 2025.\n\n**Who it affects:**\n- Anyone injured in an accident (motor vehicle, workplace, public place, etc.) who wants to claim compensation\n- Families making dependency claims when someone dies due to injury\n- Patients making medical negligence (health care) claims\n- Lawyers, insurers, hospitals, employers, and anyone else involved in the claims process\n\n**What it does:**\n\n**1. Notice of Claim Requirements**\nThe regulation specifies exactly what information must be included when someone starts a legal claim for personal injury. This includes:\n- Personal details of the injured person\n- Details of the incident (when, where, how it happened, witnesses)\n- Medical treatment received\n- Economic losses (lost income, employment history)\n- Special extra requirements for dependency claims (when someone dies) and health care claims (medical negligence)\n\n**2. Documents that must be provided**\nClaimants must attach specific documents to their claim, such as:\n- Medical certificates from doctors\n- Death certificates (for dependency claims)\n- Consent forms and risk warnings (for health care claims)\n- A \"claimant's certificate\" declaring whether they were approached by someone to make the claim (this targets claim farming where lawyers or middlemen solicit injured people)\n\n**3. Time limits**\n- Respondents (the people being sued) have 1 month to pass the claim to other potentially responsible parties\n- Additional respondents can be added to a claim within specific timeframes\n- Contributors (other parties who might share the blame) must be identified within 3 months\n\n**4. Settlement offers**\nIf an insurance company makes a settlement offer to someone without a lawyer, they must include a warning that accepting finalises the claim and that the person should get independent legal advice.\n\n**5. Legal costs**\nThe regulation caps how much a claimant can recover in legal costs if they accept a settlement offer within certain limits, using specific formulas and hourly rates ($175 for first hour, $150 thereafter).\n\n**Why it matters:**\nThis regulation is crucial because it governs the first steps of almost every personal injury lawsuit in Queensland. It aims to ensure claims are properly documented from the start, prevent fraudulent or inflated claims through strict disclosure requirements, stop \"claim farming\" practices, and provide clear timelines so disputes can be resolved efficiently without unnecessary court proceedings."},"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/personal-injuries-proceedings-regulation-2025","history":"/api/acts/personal-injuries-proceedings-regulation-2025/history","analysis":"/api/acts/personal-injuries-proceedings-regulation-2025/analysis","conflicts":"/api/acts/personal-injuries-proceedings-regulation-2025/conflicts","importantCases":"/api/acts/personal-injuries-proceedings-regulation-2025/important-cases","documents":"/api/acts/personal-injuries-proceedings-regulation-2025/documents"}}