Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Civil Law (Wrongs) Regulation 2003
SL2003-20
made under the
Civil Law (Wrongs) Act 2002
Republication No 15
Effective: 18 September 2024
Republication date: 18 September 2024
Last amendment made by A2024-49
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Civil Law (Wrongs) Regulation 2003, made under the
Civil Law (Wrongs) Act 2002 (including any amendment made under the Legislation Act 2001,
part 11.3 (Editorial changes)) as in force on 18 September 2024. It also includes any
commencement, amendment, repeal or expiry affecting this republished law to
18 September 2024.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
Section 1 - Civil Law (Wrongs) Regulation 2003 - Civil Law (Wrongs) Regulation 2003 | Zoe
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contents 1
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Australian Capital Territory
Civil Law (Wrongs) Regulation 2003
made under the
Civil Law (Wrongs) Act 2002
Contents
Page
Part 1 Preliminary
1 Name of regulation 2
2 Dictionary 2
3 Notes 2
Part 2 Personal injuries claims—pre-court
procedures
4 Information in notice of claim—Act, s 51 (2) (a) 3
5 Records respondent to be authorised to access etc—Act, s 51 (2) (b) 6
6 Documents to accompany notice of claim—Act, s 51 (2) (c) 7
6A Reasonable excuse for delay in giving notice—Act, s 51 (6) 7
Contents
Page
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7 Claimant adds later respondent—period to tell other respondents—
Act, s 55 (3) (b) 7
8 Respondent adds contributor—period to give copy of contribution
notice to other parties—Act, s 57 (5) 8
9 Contributor’s response—prescribed information and documents—Act,
s 58 (1) (a) 8
Part 3 Other matters
10 Limitation amount—Act, s 144, def limitation amount 9
11 Certificate that claim or defence has reasonable prospects of
success—Act, s 188 (4) 9
13 Notification of limitation of liability—Act, sch 4, s 4.29 9
Dictionary 10
Endnotes
1 About the endnotes 11
2 Abbreviation key 11
3 Legislation history 12
4 Amendment history 15
5 Earlier republications 18
6 Renumbered provisions 19
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Civil Law (Wrongs) Regulation 2003
made under the
Civil Law (Wrongs) Act 2002
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of regulation
This regulation is the Civil Law (Wrongs) Regulation 2003.
2 Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1 The dictionary at the end of this regulation defines certain terms used in
this regulation, and includes references (signpost definitions) to other
terms defined elsewhere.
For example, the signpost definition ‘health service—see the Human
Rights Commission Act 2005, section 7 (1) and (3) (a).’ means that the
term ‘health service’ is defined in that section and the definition applies
to this regulation.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire regulation unless the definition, or another provision of the
regulation, provides otherwise or the contrary intention otherwise appears
(see Legislation Act, s 155 and s 156 (1)).
3 Notes
A note included in this regulation is explanatory and is not part of this
regulation.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Personal injuries claims—pre-court procedures Part 2
Section 4
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Part 2 Personal injuries claims—
pre-court procedures
4 Information in notice of claim—Act, s 51 (2) (a)
(1) A notice of claim must contain a statement of the information
required under subsections (2) to (8) or information that substantially
complies with those subsections.
(2) The following information about the injured person is required:
(a) the person’s full name and home address;
(b) any other name by which the person is, or has been, known;
(c) the person’s date of birth.
(3) The following information about the accident claimed to have given
rise to the personal injury to which the claim relates is required:
(a) the date, time and place of the accident;
(b) details of how the accident happened;
(c) if appropriate, a diagram showing, to the best of the claimant’s
knowledge, the scene of the accident;
(d) if known that the police, ambulance, fire and rescue service or
any other emergency service attended the accident—
(i) that fact; and
(ii) if known, the name of the service or services that attended
the accident; and
(iii) if known, the name and contact details of the person or
people who attended the accident for the service;
(e) if known, the name, address and telephone number of anyone
who has given a witness statement;
Part 2 Personal injuries claims—pre-court procedures
Section 4
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(f) if known, the name, address and telephone number of the person
or people (if any) who were, in the claimant’s opinion,
responsible for causing the accident (apart from the respondent);
(g) if a seatbelt or helmet was required under the Road Transport
(Safety and Traffic Management) Act 1999—whether it was
being worn as required when the accident happened;
(4) The following information about the nature and treatment of the
injured person’s personal injury is required:
(a) a description of the injury suffered;
(b) if the injured person was or is hospitalised for treatment of the
injury—the name of the hospital;
(c) if the injured person received or is receiving medical treatment
for the injury—
(i) the general nature of the treatment; and
(ii) the name and address of the treatment provider or
providers; and
(iii) the date of the person’s first examination by a doctor.
(5) The date the claimant first consulted a lawyer about the possibility of
making a claim and identified the respondent is required.
(6) If damages for economic loss are claimed, the following information
relevant to economic loss is required:
(a) if the injured person was employed or self-employed at the time
of the accident—details of the employment or self-employment;
(b) if the employment or self-employment has changed since the
accident—
(i) how it has changed; and
(ii) an assessment, as far as possible, of the economic loss
suffered from the change.
Personal injuries claims—pre-court procedures Part 2
Section 4
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(7) If the claimant is entitled to payment under a statutory scheme
because of the accident, details of the entitlement are required.
(8) If the claim is against a health service provider, the following
information is also required:
(a) a description of the medical condition for which the injured
person sought treatment;
(b) the act or omission claimed to have given rise to the personal
injury or to have exacerbated a pre-existing injury or condition;
(c) if the claim relates to or includes a claimed failure of the health
service provider to 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
service provider at which information about the risks could
have been given; and
(ii) if any written or oral information or warning was given to
the injured person by the health service 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;
(d) if written or oral consent was given by the injured person to the
health service provider about the treatment claimed to have
given rise to the personal injury—the date and place the consent
was given.
Part 2 Personal injuries claims—pre-court procedures
Section 5
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5 Records respondent to be authorised to access etc—Act,
s 51 (2) (b)
(1) The notice of claim must authorise the respondent and the
respondent’s insurer for the claim (if any) to have access to the
following records and sources of information relevant to the claim:
(a) if the personal injury exacerbated a pre-existing injury or
condition—clinical notes in the possession of a health service
provider who treated or assessed the injured person for the pre-
existing injury or condition;
(b) clinical notes in the possession of a hospital (including a private
hospital) where the injured person received treatment relevant
to the personal injury;
(c) records in the possession of an ambulance or other emergency
service that treated or assisted the injured person in relation to
the personal injury;
(d) clinical notes in the possession of a health service provider who
treated or assessed the injured person in relation to the personal
injury;
(e) wage, leave and work history records in the possession of—
(i) the injured person’s employer; or
(ii) anyone else who employed the injured person at any time
during the 3 years before the accident.
(2) The respondent and the respondent’s insurer (if any) must not use
records and sources of information accessed under subsection (1)
otherwise than for a purpose related to the claim.
Personal injuries claims—pre-court procedures Part 2
Section 6
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6 Documents to accompany notice of claim—Act,
s 51 (2) (c)
The notice of claim must be accompanied by the following
documents:
(a) for a claim other than a claim against a health service provider—
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;
(b) for a claim against a health service provider—a copy of any
advice or warnings given to the injured person by the health
service provider about the treatment claimed to have given rise
to the personal injury that is in the claimant’s possession;
(c) for a claim against a health service provider—a copy of any
consent given to the health service provider by the injured
person about the treatment claimed to have given rise to the
personal injury that is in the claimant’s possession;
(d) a copy of any other document on which the claimant currently
expects to rely for the claim that is in the claimant’s possession.
6A Reasonable excuse for delay in giving notice—Act,
s 51 (6)
If a claimant does not give notice under the Act, section 51 within the
period required under the Act, section 51 (3) because the claim is
being conciliated under the Human Rights Commission Act 2005, part
4 the claimant has a reasonable excuse for the delay.
7 Claimant adds later respondent—period to tell other
respondents—Act, s 55 (3) (b)
The period prescribed is 1 month after the day the claimant adds the
later respondent.
Part 2 Personal injuries claims—pre-court procedures
Section 8
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8 Respondent adds contributor—period to give copy of
contribution notice to other parties—Act, s 57 (5)
The period prescribed is 1 month after the day the respondent adds
someone else as a contributor.
9 Contributor’s response—prescribed information and
documents—Act, s 58 (1) (a)
(1) The contributor’s response must contain the following information:
(a) the contributor’s full name;
(b) the contributor’s postal address and daytime telephone number,
or, if the contributor is represented by a lawyer, the name and
contact details of the lawyer;
(c) if the contributor is a corporation—
(i) the corporation’s ACN (if any); and
(ii) the address of the corporation’s registered office (if any).
(2) The contributor’s response must be accompanied by a copy of any
document relevant to the claim that is in the contributor’s possession
(and not already in the respondent’s possession).
Other matters Part 3
Section 10
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Part 3 Other matters
10 Limitation amount—Act, s 144, def limitation amount
The amount prescribed is $40.
11 Certificate that claim or defence has reasonable
prospects of success—Act, s 188 (4)
(1) The certificate must be to the following effect:
I, [full name of lawyer] certify that I believe, on the basis of provable
facts and a reasonably arguable view of the law, that this [claim OR
defence] has reasonable prospects of success.
(2) The certificate must be signed and dated by the lawyer.
13 Notification of limitation of liability—Act, sch 4, s 4.29
(1) The following statement is prescribed:
Liability limited by a scheme approved under Professional Standards
Legislation.
(2) The statement must be printed in a size not less than the face
measurement of Times New Roman typeface in 8 point.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this regulation.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• doctor
• emergency service
• fire and rescue service
• lawyer
• writing.
Note 3 Terms used in this regulation have the same meaning that they have in
the Civil Law (Wrongs) Act 2002 (see Legislation Act, s 148.) For
example, the following terms are defined in the Civil Law (Wrongs) Act
2002, dict:
• accident
• personal injury.
APRA means the Australian Prudential Regulation Authority
established under the Australian Prudential Regulation Authority Act
1998 (Cwlth), section 7.
health service—see the Human Rights Commission Act 2005,
section 7 (1) and (3) (a).
provider—see the Human Rights Commission Act 2005, section 10.
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
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3 Legislation history
This regulation was originally the Civil Law (Wrongs) Regulations 2003. It was
renamed under the Legislation Act 2001.
Civil Law (Wrongs) Regulation 2003 SL2003-20
notified LR 30 June 2003
s 1, s 2 commenced 30 June 2003 (LA s 75 (1))
remainder commenced 1 July 2003 (s 2)
as amended by
Civil Law (Wrongs) Amendment Regulations 2004 (No 1) SL2004-8
notified LR 2 March 2004
s 1, s 2 commenced 2 March 2004 (LA s 75 (1))
remainder commenced 3 March 2004 (s 2)
Justice and Community Safety Legislation Amendment Act 2004
(No 2) A2004-32 pt 6
notified LR 29 June 2004
s 1, s 2 commenced 29 June 2004 (LA s 75 (1))
pt 6 commenced 13 July 2004 (s 2 (3))
Human Rights Commission Legislation Amendment Act 2005
A2005-41 sch 1 pt 1.1 (as am by A2006-3 amdt 1.3)
notified LR 1 September 2005
s 1, s 2 commenced 1 September 2005 (LA s 75 (1))
sch 1 pt 1.1 commenced 1 November 2006 (s 2 (3) (as am by A2006-3
amdt 1.3) and see Human Rights Commission Act 2005 A2005-40, s 2
(as am by A2006-3 s 4) and CN2006-21)
Justice and Community Safety Legislation Amendment Act 2005
(No 3) A2005-43 sch 1 pt 1.3
notified LR 30 August 2005
s 1, s 2 commenced 30 August 2005 (LA s 75 (1))
sch 1 pt 1.3 commenced 1 October 2005 (s 2 (3) and CN2005-18)
Endnotes
Legislation history 3
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Human Rights Commission Legislation Amendment Act 2006
A2006-3 amdt 1.3
notified LR 22 February 2006
s 1, s 2 commenced 22 February 2006 (LA s 75 (1))
amdt 1.3 commenced 23 February 2006 (s 2)
Note This Act only amends the Human Rights Commission
Legislation Amendment Act 2005 A2005-41
Civil Law (Wrongs) Amendment Regulation 2007 (No 1) SL2007-25
notified LR 17 September 2007
s 1, s 2 commenced 17 September 2007 (LA s 75 (1))
remainder commenced 29 October 2007 (s 2)
Justice and Community Safety Legislation Amendment Act 2008
A2008-7 sch 1 pt 1.6
notified LR 16 April 2008
s 1, s 2 commenced 16 April 2008 (LA s 75 (1))
sch 1 pt 1.6 commenced 7 May 2008 (s 2)
Civil Law (Wrongs) Amendment Regulation 2012 (No 1) SL2012-14
notified LR 26 April 2012
s 1, s 2 commenced 26 April 2012 (LA s 75 (1))
remainder commenced 27 April 2012 (s 2)
Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.3
notified LR 22 May 2012
s 1, s 2 commenced 22 May 2012 (LA s 75 (1))
sch 3 pt 3.3 commenced 5 June 2012 (s 2 (2))
Emergencies Amendment Act 2016 A2016-33 sch 1 pt 1.2
notified LR 20 June 2016
s 1, s 2 commenced 20 June 2016 (LA s 75 (1))
sch 1 pt 1.2 commenced 21 June 2016 (s 2)
Justice and Community Safety Legislation Amendment Act 2016
A2016-37 sch 1 pt 1.5
notified LR 22 June 2016
s 1, s 2 commenced 22 June 2016 (LA s 75 (1))
sch 1 pt 1.5 commenced 29 June 2016 (s 2)
Endnotes
3 Legislation history
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Justice and Community Safety Legislation Amendment Act 2024
A2024-49 pt 3
notified LR 17 September 2024
s 1, s 2 taken to have commenced 11 June 2024 (LA s 75 (2))
pt 3 commenced 18 September 2024 (s 2 (4))
Endnotes
Amendment history 4
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4 Amendment history
Preliminary
pt 1 hdg ins SL2004-8 s 4
Name of regulation
s 1 am R4 LA
Dictionary
s 2 orig s 2 om LA s 89 (4)
(prev s 3) renum R2 LA (see SL2004-8 s 10)
am A2005-41 amdt 1.1
Notes
s 3 orig s 3 renum as s 2
(prev s 4) renum R2 LA (see SL2004-8 s 10)
Personal injuries claims—pre-court procedures
pt 2 hdg ins SL2004-8 s 5
Information in notice of claim—Act, s 51 (2) (a)
s 4 orig s 4 renum as s 3
(prev s 4A) ins SL2004-8 s 5
renum R2 LA (see SL2004-8 s 10)
am A2012-21 amdt 3.6; A2016-33 amdt 1.5
Information in notice of claim—Act, s 51 (2) (a)
s 4A renum as s 4
Records respondent to be authorised to access etc—Act, s 51 (2) (b)
s 4B renum as s 5
Documents to accompany notice of claim—Act, s 51 (2) (c)
s 4C renum as s 6
Claimant may add later respondents—prescribed times—Act, s 55 (2) (a)
and (3) (b)
s 4D renum as s 7
Respondent may add someone else as contributor—prescribed times—Act,
s 57 (1) and (3)
s 4E renum as s 8
Contributor’s response—prescribed information and documents—Act,
s 58 (1) (a)
s 4F renum as s 9
Records respondent to be authorised to access etc—Act, s 51 (2) (b)
s 5 orig s 5 renum as s 10
(prev s 4B) ins SL2004-8 s 5
renum R2 LA (see SL2004-8 s 10)
Endnotes
4 Amendment history
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Certificate that claim or defence has reasonable prospects of success—Act,
s 188 (4)
s 5A renum as s 11
Documents to accompany notice of claim—Act, s 51 (2) (c)
s 6 orig s 6 renum as s 12
(prev s 4C) ins SL2004-8 s 5
renum R2 LA (see SL2004-8 s 10)
Reasonable excuse for delay in giving notice—Act, s 51 (6)
s 6A ins A2005-43 amdt 1.10
(2), (3) exp 1 November 2006 (s 6A (3))
Claimant adds later respondent—period to tell other respondents—Act,
s 55 (3) (b)
s 7 orig s 7 renum as s 13
(prev s 4D) ins SL2004-8 s 5
renum R2 LA (see SL2004-8 s 10)
sub A2024-49 s 10
Respondent adds contributor—period to give copy of contribution notice to
other parties—Act, s 57 (5)
s 8 (prev s 4E) ins SL2004-8 s 5
renum R2 LA (see SL2004-8 s 10)
sub A2024-49 s 10
Contributor’s response—prescribed information and documents—Act,
s 58 (1) (a)
s 9 (prev s 4F) ins SL2004-8 s 5
renum R2 LA (see SL2004-8 s 10)
Other matters
pt 3 hdg ins SL2004-8 s 6
Limitation amount—Act, s 144, def limitation amount
s 10 (prev s 5) renum R2 LA (see SL2004-8 s 10)
Certificate that claim or defence has reasonable prospects of success—Act,
s 188 (4)
s 11 (prev s 5A) ins SL2004-8 s 7
renum R2 LA (see SL2004-8 s 10)
Insurers reporting requirements—Act, s 203
s 12 (prev s 6) renum R2 LA (see SL2004-8 s 10)
om A2016-37 amdt 1.16
Disclosure of confidential information in general reports—Act, s 204 (4) (f)
s 12A ins SL2012-14 s 4
om A2016-37 amdt 1.16
Endnotes
Amendment history 4
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Notification of limitation of liability—Act, sch 4, s 4.29
s 13 (prev s 7) ins SL2004-8 s 8
renum R2 LA (see SL2004-8 s 10)
om A2004-32 s 68
ins SL2007-25 s 4
am A2008-7 amdt 1.44
Dictionary
dict am A2012-21 amdt 3.7; A2016-33 amdt 1.6
def health service ins SL2004-8 s 9
sub A2005-41 amdt 1.2
def provider ins SL2004-8 s 9
sub A2005-41 amdt 1.2
Endnotes
5 Earlier republications
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5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications are
marked with an asterisk (*) in column 1. Electronic and printed versions of an
authorised republication are identical.
Republication
No and date
Effective Last
amendment
made by
Republication
for
R1
1 July 2003
1 July 2003–
2 Mar 2004
not amended new regulation
R2
3 Mar 2004
3 Mar 2004–
12 July 2004
SL2004-8 amendments by
SL2004-8 and
general
renumbering
R3
13 July 2004
13 July 2004–
2 Nov 2004
A2004-32 amendments by
A2004-32
R4
3 Nov 2004
3 Nov 2004–
30 Sept 2005
A2004-32 includes editorial
amendments
under
Legislation Act
R5
1 Oct 2005
1 Oct 2005–
22 Feb 2006
A2005-43 amendments by
A2005-43
R6
23 Feb 2006
23 Feb 2006–
31 Oct 2006
A2006-3 updated
endnotes as
amended by
A2006-3
R7
1 Nov 2006
1 Nov 2006–
1 Nov 2006
A2006-3 amendments by
A2005-41 as
amended by
A2006-3
R8
2 Nov 2006
2 Nov 2006–
28 Oct 2007
A2006-3 commenced
expiry
R9
29 Oct 2007
29 Oct 2007–
6 May 2008
SL2007-25 amendments by
SL2007-25