Queensland regulation

Personal Injuries Proceedings Regulation 2025

In ForceQLD

Jurisdiction

Queensland

Act Number

110 of 2025

Collection

regulation

Plain English Summary

7/10 complexity

This regulation sets out the detailed procedures for personal‑injury claims: what information and documents must accompany a notice (with extra rules for dependency and health‑care claims), deadlines for serving notices and adding respondents or contributors, how urgent notices may be sent electronically, and a transitional rule replacing the 2014 regulation. It affects claimants, respondents, contributors, insurers, health‑care providers, employers and public agencies by imposing documentary, timing and certification obligations (secs 4–9, 6–7, 10–11) and by limiting recoverable claimant costs (sec 14).

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Deep Dive

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What it does

This Regulation operationalises procedural and evidentiary details for notices and other steps under the Personal Injuries Proceedings framework referred to throughout as “the Act”. It prescribes (a) the specific information and documentary attachments that must accompany a notice of claim (schedule 1, parts 1-3; sec.4; sec.6), (b) the specific records and sources that are relevant where pre‑existing injury, hospital, ambulance, employer or educational records are implicated (sec.5), (c) the precise content and form requirements for the claimant’s certificate that must accompany notices (sec.7), and (d) the time limits and mechanics for giving notices, adding respondents or contributors, and for serving electronic notices in urgent proceedings (secs.8-11, 9). The Regulation also sets a short, prescriptive form of consumer protection language that must accompany settlement offers to unrepresented claimants (sec.13), and it fixes a formula for calculating costs payable to claimants who accept offers falling between lower and upper offer limits (sec.14).

Mechanically, the Regulation converts high‑level duties in the Act into checklists and fixed deadlines. For example, the broad requirement in the Act to include “required information” in a notice of claim is concretised by schedule 1: Part 1 lists information about the injured person, the incident, the nature and treatment of injury, economic loss and other general particulars (sch.1-pt.1, sch.1-pts.1-5); Part 2 adds dependency‑specific particulars (sch.1-pt.2); Part 3 adds health‑care‑claim particulars (sch.1-pt.3). The Regulation also cross‑references other instruments and statutes to give legal effect to terms and costs items (see sec.5 definition of Motor Accident Insurance Commission; sec.14 references to the Uniform Civil Procedure Rules 1999 schedule 2, part 2 items). The Regulation commences on 1 September 2025 (sec.2) and replaces (for transitional reference) the expired Personal Injuries Proceeding Regulation 2014 (sec.15).

Current sections

Direct links to the current provisions in Personal Injuries Proceedings Regulation 2025.

pt.1

Preliminary

sec.1

Short title

sec.1 Short title

This regulation may be cited as the Personal Injuries Proceedings Regulation 2025 .

sec.2

Commencement

sec.2 Commencement

This regulation commences on 1 September 2025.

sec.3

Definitions

sec.3 Definitions

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

pt.2

Notices of claim

sec.4

Required information for notice of claim— Act , s 9

sec.4 Required information for notice of claim— Act , s 9

For section 9 (2) (a) of the Act , the information required to be stated in a notice of claim— is mentioned in schedule 1 , part 1 ; and for a dependency claim—includes the information mentioned in schedule 1 , part 2 ; and for a health care claim—includes the information mentioned in schedule 1 , part 3 .

(a) is mentioned in schedule 1 , part 1 ; and
(b) for a dependency claim—includes the information mentioned in schedule 1 , part 2 ; and
(c) for a health care claim—includes the information mentioned in schedule 1 , part 3 .

sec.5

Records and sources of information for notice of claim— Act , s 9

sec.5 Records and sources of information for notice of claim— Act , s 9

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. 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. (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. (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.

(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
(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
(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
(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
(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
(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
(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
(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
(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.
(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
(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

sec.6

Documents to accompany notice of claim— Act , s 9

sec.6 Documents to accompany notice of claim— Act , s 9

For section 9 (2) (d) of the Act , this section provides for the documents required to accompany a notice of a claim. 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. 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 . 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. (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. (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. (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 . (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.

(a) the claimant’s certificate, subject to subsection (3) ;
(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;
(c) for a dependency claim—a copy of the injured person’s death certificate;
(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.
(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.
(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.

sec.7

Claimant’s certificate

sec.7 Claimant’s certificate

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. A claimant’s certificate must be— in a form approved by the commissioner; and verified by statutory declaration. (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. (sec.7-ssec.2) A claimant’s certificate must be— in a form approved by the commissioner; and verified by statutory declaration.

(a) whether the claimant is making the claim on the claimant’s own initiative; and
(b) whether or not the claimant was personally approached or contacted by a person and solicited or induced to make the claim; and
(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
(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
(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.
(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
(a) in a form approved by the commissioner; and
(b) verified by statutory declaration.

sec.8

Period for giving notice of claim to other party— Act , s 9

sec.8 Period for giving notice of claim to other party— Act , s 9

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 . 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. (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 . (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.

(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
(b) advise the claimant about the other party under section 9 (7) (b) of the Act .
(a) the day that is 1 month after the day the person is given part 1 of the notice of the claim;
(b) the day that is 7 days after the day the person identifies the other party.

sec.9

Giving notice of claim electronically for urgent proceeding— Act , s 44

sec.9 Giving notice of claim electronically for urgent proceeding— Act , s 44

This section provides for giving a claimant’s notice of a claim electronically to a proposed respondent for section 44 (5) of the Act . 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. In this section— electronic address means a digital mailbox address, email address, internet protocol address or mobile telephone number. (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 . (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. (sec.9-ssec.3) In this section— electronic address means a digital mailbox address, email address, internet protocol address or mobile telephone number.

pt.3

Other matters relating to claims

sec.10

Addition of respondent— Act , s 14

sec.10 Addition of respondent— Act , s 14

This section applies in relation to the addition of a person as a respondent to a claim. 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 . 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 . (sec.10-ssec.1) This section applies in relation to the addition of a person as a respondent to a claim. (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 . (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 .

(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 ;
(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 ;
(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 ;
(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 .
(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 ;

sec.11

Addition of contributor— Act , s 16

sec.11 Addition of contributor— Act , s 16

This section applies in relation to the addition of a person as a contributor for a claim. 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. 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 . (sec.11-ssec.1) This section applies in relation to the addition of a person as a contributor for a claim. (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. (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 .

(a) the day that is 3 months after the respondent is given part 1 of the notice of the claim;
(b) the day that is 7 days after the respondent identifies the person as a contributor.

sec.12

Information for contributor’s response— Act , s 17

sec.12 Information for contributor’s response— Act , s 17

For section 17 (1) (a) of the Act , the following information is prescribed— the contributor’s full name; the contributor’s business address; the contributor’s postal address; if a lawyer is acting for the contributor—the name and contact details of the lawyer; the contributor’s ABN, if any; if the contributor is a corporation— the corporation’s ACN; and the corporation’s registered office.

(a) the contributor’s full name;
(b) the contributor’s business address;
(c) the contributor’s postal address;
(d) if a lawyer is acting for the contributor—the name and contact details of the lawyer;
(e) the contributor’s ABN, if any;
(f) if the contributor is a corporation— (i) the corporation’s ACN; and (ii) the corporation’s registered office.
(i) the corporation’s ACN; and
(ii) the corporation’s registered office.
(i) the corporation’s ACN; and
(ii) the corporation’s registered office.

sec.13

Accompanying statement for offer of settlement to unrepresented claimant

sec.13 Accompanying statement for offer of settlement to unrepresented claimant

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. 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.’. (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. (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.’.

‘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.’.

sec.14

Basis for costs on acceptance of offer between lower offer limit and upper offer limit— Act , s 40

sec.14 Basis for costs on acceptance of offer between lower offer limit and upper offer limit— Act , s 40

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) . 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. 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. (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) . (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. (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.

(a) the declared costs limit;
(b) the total amount calculated under subsection (2) .
(a) 100% of item 1 costs;
(b) 50% of item 5 costs;
(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) ;
(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) ;
(d) the claimant’s costs of an application to the court up to a maximum of $400 for each application;
(e) reasonable disbursements if documentary evidence supporting the disbursements is available.
(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) ;

pt.4

Transitional provision

sec.15

Reference to expired regulation

sec.15 Reference to expired regulation

In a document, a reference to the expired regulation may, if the context permits, be taken to be a reference to this regulation. In this section— expired regulation means the expired Personal Injuries Proceeding Regulation 2014 . (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. (sec.15-ssec.2) In this section— expired regulation means the expired Personal Injuries Proceeding Regulation 2014 .

sch.1-pt.1

Information for all claims

sch.1-sec.1

Information about injured person

sch.1-sec.1 Information about injured person

Each of the following particulars about the injured person— the person’s full name, address and telephone number; any other name by which the person is known or has been known; the person’s date of birth; the person’s gender; the name of any educational institution attended by the person; details of the person’s consumption of alcohol or drugs, including medication, during the 12 hours before the incident.

(a) the person’s full name, address and telephone number;
(b) any other name by which the person is known or has been known;
(c) the person’s date of birth;
(d) the person’s gender;
(e) the name of any educational institution attended by the person;
(f) details of the person’s consumption of alcohol or drugs, including medication, during the 12 hours before the incident.

sch.1-sec.2

Information about incident

sch.1-sec.2 Information about incident

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. 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. (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. (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.

(a) the date, time and place of the incident;
(b) details of how the incident happened;
(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
(d) the names, addresses and, if known, telephone numbers of any witnesses to the incident;
(e) the names, addresses and, if known, telephone numbers of any other persons able to provide relevant particulars about the incident;
(f) if an emergency response entity or an investigative entity attended the incident— (i) the name of the entity; and (ii) if known, the name of the person who attended the incident on behalf of the entity; and (iii) the entity’s 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;
(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;
(g) the name, address and, if known, telephone number of each person who was, in the claimant’s opinion, responsible for causing the incident;
(h) the reasons the claimant attributes responsibility to each person to whom paragraph (g) relates;
(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.
(i) the nature of the device; and
(ii) whether or not the injured person was using the device when the incident happened.
(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;
(i) the nature of the device; and
(ii) whether or not the injured person was using the device when the incident happened.

sch.1-sec.3

Information about nature and treatment of personal injury

sch.1-sec.3 Information about nature and treatment of personal injury

Each of the following particulars about the nature and treatment of the injured person’s personal injury to which the claim relates— a description of the personal injury suffered; a description of how the personal injury affects the person at the date of the notice of the claim; if the person was or is hospitalised for treatment of the personal injury, details of the hospitalisation; if the person received or is receiving medical treatment for the personal injury— the name and address of the person providing the treatment; and details about the treatment provided; if the person received or is receiving rehabilitation for the personal injury— the name and address of the person providing the rehabilitation; and details about the rehabilitation provided; for a claim, other than a dependency claim, details of any disability suffered by the injured person from the personal injury if— the disability is relevant to the assessment of the extent of the personal injury; or the disability or its symptoms lasted for 4 weeks or longer; 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.

(a) a description of the personal injury suffered;
(b) a description of how the personal injury affects the person at the date of the notice of the claim;
(c) if the person was or is hospitalised for treatment of the personal injury, details of the hospitalisation;
(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;
(i) the name and address of the person providing the treatment; and
(ii) details about the treatment provided;
(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;
(i) the name and address of the person providing the rehabilitation; and
(ii) details about the rehabilitation provided;
(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;
(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;
(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.
(i) the name and address of the person providing the treatment; and
(ii) details about the treatment provided;
(i) the name and address of the person providing the rehabilitation; and
(ii) details about the rehabilitation provided;
(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;

sch.1-sec.4

Information about economic loss

sch.1-sec.4 Information about economic loss

Each of the following particulars relevant to the injured person’s claim for economic loss— the person’s usual occupation and, if the person is currently employed, the name and address of the person’s employer; 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— details of the person’s income; and the names of the person’s employers; and the duration of the person’s employment with each employer; and the positions the person held; the person’s gross weekly income when the incident happened; 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; 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; 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; 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; 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; 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; 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.

(a) the person’s usual occupation and, if the person is currently employed, the name and address of the person’s employer;
(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;
(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;
(c) the person’s gross weekly income when the incident happened;
(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;
(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;
(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;
(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;
(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;
(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;
(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.
(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;

sch.1-sec.5

Other information required generally

sch.1-sec.5 Other information required generally

Each of the following particulars of a general nature— 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; the date the claimant first consulted a lawyer about the possibility of making a claim; 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; 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; when the injured person returned to work or expects to return to work.

(a) if the injured person was examined by a doctor in relation to the personal injury to which the claim relates, the date of the first examination;
(b) the date the claimant first consulted a lawyer about the possibility of making a claim;
(c) the name, address and, if known, telephone number of any person to whom the claimant has given, or intends to give, a notice of a claim in relation to the personal injury to which the claim relates;
(d) details of any personal injury, illness or disability, in existence or sustained before the incident, that may affect the extent of the disabilities resulting from the personal injury to which the claim relates;
(e) when the injured person returned to work or expects to return to work.

sch.1-pt.2

Additional information for dependency claims

sch.1-sec.6

Information about claimant

sch.1-sec.6 Information about claimant

Each of the following particulars about the claimant— the claimant’s full name and address; the claimant’s relationship to the injured person; if the claimant was the spouse of the injured person— for a claimant who was married to the injured person—the date and place of the marriage; or 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 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; if the claimant suffers from a serious medical condition or disability—the nature of the condition or disability; the date the claimant first consulted a lawyer about the possibility of making a claim.

(a) the claimant’s full name and address;
(b) the claimant’s relationship to the injured person;
(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;
(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;
(d) if the claimant suffers from a serious medical condition or disability—the nature of the condition or disability;
(e) the date the claimant first consulted a lawyer about the possibility of making a claim.
(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;

sch.1-sec.7

Information about each dependant

sch.1-sec.7 Information about each dependant

Each of the following particulars about each dependant, including the claimant, if the claimant is a dependant— the dependant’s full name and address; whether the dependant is— married; or in a civil partnership; or in a de facto relationship; the dependant’s date of birth; the dependant’s gender; the dependant’s relationship to the injured person; whether the dependant is a full-time student; if the dependant has an independent income—the amount and source of the income; 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; 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; if the dependant suffers from a serious medical condition or disability—the nature of the condition or disability.

(a) the dependant’s full name and address;
(b) whether the dependant is— (i) married; or (ii) in a civil partnership; or (iii) in a de facto relationship;
(i) married; or
(ii) in a civil partnership; or
(iii) in a de facto relationship;
(c) the dependant’s date of birth;
(d) the dependant’s gender;
(e) the dependant’s relationship to the injured person;
(f) whether the dependant is a full-time student;
(g) if the dependant has an independent income—the amount and source of the income;
(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;
(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;
(j) if the dependant suffers from a serious medical condition or disability—the nature of the condition or disability.
(i) married; or
(ii) in a civil partnership; or
(iii) in a de facto relationship;

sch.1-pt.3

Additional information for health care claims

sch.1-sec.8

Information relevant to health care claims

sch.1-sec.8 Information relevant to health care claims

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. 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 . (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. (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 .

(a) a description of the medical condition for which the injured person sought treatment;
(b) the aspect of the treatment alleged to have given rise to the personal injury or to have aggravated a pre-existing injury or condition;
(c) the nature, type and severity of symptoms alleged to have arisen from the treatment;
(d) if applicable, the 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;
(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;
(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;
(A) brief details of how the complaint was dealt with; and
(B) the date the complaint was finalised;
(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;
(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
(A) the date and place the information or warning was given; and
(B) details of the information or warning including what the injured person was informed or warned about; and
(iii) the risks about which the injured person should have been informed, or adequately informed, by the health care provider;
(g) if written or oral consent was given by the injured person to the health care provider about the treatment alleged to have given rise to the personal injury, the date and place the consent was given;
(h) the 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.
(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;
(A) brief details of how the complaint was dealt with; and
(B) the date the complaint was finalised;
(A) brief details of how the complaint was dealt with; and
(B) the date the complaint was finalised;
(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
(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;
(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
(a) the health ombudsman under the Health Ombudsman Act 2013 ; or
(b) the Health Quality and Complaints Commission under the repealed Health Quality and Complaints Commission Act 2006 ; or
(c) the Health Rights Commission under the repealed Health Rights Commission Act 1991 .

Source text: opening excerpt

Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.

pt.1 Preliminary

Preliminary

sec.1 Short title

This regulation may be cited as the Personal Injuries Proceedings Regulation 2025 .

sec.2 Commencement

This regulation commences on 1 September 2025.

sec.3 Definitions

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

pt.2 Notices of claim

Notices of claim

sec.4 Required information for notice of claim— Act , s 9

(a) is mentioned in schedule 1 , part 1 ; and
(b) for a dependency claim—includes the information mentioned in schedule 1 , part 2 ; and
(c) for a health care claim—includes the information mentioned in schedule 1 , part 3 .

sec.5 Records and sources of information for notice of claim— Act , s 9

This section translates the Regulation’s prescriptions into an actionable compliance checklist for claimants, respondents, contributors, health‑care providers, insurers and practitioners. Each step cites the relevant section(s).

Pre‑notice checklist for claimants:

Obtain the commissioner‑approved claimant’s certificate form and verify the certificate by statutory declaration (sec.7). Do not rely on a lawyer’s signature alone; the claimant’s signed statutory declaration is required if the lawyer signs the notice under the Act (sec.6(3)).
Assemble schedule 1 particulars: full personal particulars (sch.1-sec.1); incident particulars, diagram or photographs, witness contact details and responsibility attributions (sch.1-sec.2); a description of injury and current effects, hospitalisation details, treating clinicians and rehabilitation particulars (sch.1-sec.3); economic loss particulars and employment/tax/accountant contacts for the prior three years (sch.1-sec.4); and general items such as date of first doctor examination and date of first legal consultation (sch.1-sec.5).
For dependency claims, add claimant particulars and details for each dependant as specified (sch.1-sec.6-7).
For health care claims, include the particulars in sch.1-sec.8: description of medical condition, the treatment aspect alleged to have caused injury, symptoms, treating providers within three years, any complaints to health service complaints entities, dates and details of warnings and consents, and names of providers who gave explanations (sch.1-sec.8).
Identify and collate documents to accompany the notice: the claimant’s certificate, any doctor’s certificates in the claimant’s possession (non‑health care claims), death certificate for dependency claims, and copies of any warnings/consents for health care claims (sec.6).

Documentary evidence collection:

Request and obtain hospital records, clinical notes, ambulance reports and treating clinician notes relevant to the injury (sec.5, sch.1-sec.3).
If the injury aggravated a pre‑existing condition, obtain insurer records related to the pre‑existing condition and any prior clinical notes (sec.5).
Collect wage, leave and work history records from current and previous employers and academic records from educational institutions where applicable (sec.5; sch.1-sec.4).
For economic loss claims, obtain accountant contact details and tax/business records for at least three years prior to the incident (sch.1-sec.4).

Filing and service:

Ensure the notice contains the schedule 1 particulars (sec.4) and is accompanied by the required documents (sec.6).
If the claimant intends to give the notice electronically for an urgent proceeding, first confirm whether the proposed respondent has given written notice of an electronic address. If such written notice exists, send to that electronic address (sec.9).
If the claimant files through a law practice under s 44(3) of the Act, confirm that the claimant’s statutory declaration accompanies the notice as required (sec.6(3)).

After service: obligations on recipients

If you are given part 1 of a notice, identify any other person who might be a prospective respondent as quickly as possible and provide a copy of the notice to that person within the later of one month from being given part 1 or seven days after identifying the person (sec.8).
If you are a respondent and identify a potential contributor, add the contributor within the later of three months from receipt of part 1 and seven days after identification (sec.11).

Contributor response compliance:

If acting as a contributor or advising a contributor, ensure the contributor’s response contains the mandatory identification particulars: full name, business address, postal address, lawyer contact details (if represented), ABN, and for corporations the ACN and registered office (sec.12).

Settlement offers to unrepresented claimants:

If making an offer to an unrepresented claimant, include the prescribed settlement statement verbatim informing the claimant that acceptance will finalise the claim and advising independent legal advice (sec.13).

Costs documentation:

If a claimant might accept an offer between lower and upper limits, retain evidence to support costs recovery under sec.14: records supporting item 1 and item 5 costs as per UCPR schedule 2 part 2 (sec.14(3)); time records for the compulsory conference to substantiate the hourly rates ($175 for the first hour; $150 thereafter) and any court application costs (claimed up to $400 per application) (sec.14(2)); and documentary evidence for disbursements (sec.14(2)(e)). Confirm the declared costs limit from the relevant instrument or authority.

Health‑care claim particularities:

For health‑care claims, search health service complaints records and obtain the dates, outcomes and details of complaints if any exist (sch.1-sec.8). Gather copies of written warnings, documented consent forms, and contemporaneous notes about oral warnings (sch.1-sec.8).

Data privacy and record access:

When seeking records from third parties (hospitals, insurers, ambulance services, employers, educational institutions), document the request and any release consents. The Regulation identifies the records as specified but does not itself create production powers or override privacy laws (sec.5). Use appropriate legal processes for compelled production where necessary, mindful of privacy and health records legislation.

Administrative coordination:

Coordinate with the commissioner’s office to confirm the approved claimant certificate form (sec.7).
Maintain a timeline matrix for the multiple short timeframes set by the Regulation (sec.8-11), ensuring internal deadlines are met for party additions and contributor notices.

Legacy documents and references:

Check legacy documents for references to the expired 2014 Regulation and, where context permits, treat those as references to this Regulation (sec.15). However, where ambiguity exists, consider amending templates to refer expressly to the present Regulation to avoid interpretive disputes.

Recordkeeping and audit trail:

Maintain an audit trail showing when notices were given, when other parties were identified and notified, when documents were obtained, and the completion of statutory declarations. This will be critical for demonstrating compliance with the Regulation’s procedural timing and documentary requirements.

Following this checklist aligns practice with the Regulation’s prescriptive structure: gather and attach the schedule 1 particulars and documents; use the commissioner‑approved certificate verified by statutory declaration; observe the short response and party‑addition timeframes; provide contributor identification details as required; include the mandatory settlement statement to unrepresented claimants; and document costs and disbursements consistent with sec.14 and the UCPR.

Deep Dive

What it does

Current sections

Preliminary

Preliminary

Short title

sec.1 Short title

Commencement

sec.2 Commencement

Definitions

sec.3 Definitions

Notices of claim

Notices of claim

Required information for notice of claim— Act , s&#160;9

sec.4 Required information for notice of claim— Act , s 9

Records and sources of information for notice of claim— Act , s&#160;9

sec.5 Records and sources of information for notice of claim— Act , s 9

Documents to accompany notice of claim— Act , s&#160;9

sec.6 Documents to accompany notice of claim— Act , s 9

Claimant’s certificate

sec.7 Claimant’s certificate

Period for giving notice of claim to other party— Act , s&#160;9

sec.8 Period for giving notice of claim to other party— Act , s 9

Giving notice of claim electronically for urgent proceeding— Act , s&#160;44

sec.9 Giving notice of claim electronically for urgent proceeding— Act , s 44

Other matters relating to claims

Other matters relating to claims

Addition of respondent— Act , s&#160;14

sec.10 Addition of respondent— Act , s 14

Addition of contributor— Act , s&#160;16

sec.11 Addition of contributor— Act , s 16

Information for contributor’s response— Act , s&#160;17

sec.12 Information for contributor’s response— Act , s 17

Accompanying statement for offer of settlement to unrepresented claimant

sec.13 Accompanying statement for offer of settlement to unrepresented claimant

Basis for costs on acceptance of offer between lower offer limit and upper offer limit— Act , s&#160;40

sec.14 Basis for costs on acceptance of offer between lower offer limit and upper offer limit— Act , s 40

Transitional provision

Transitional provision

Reference to expired regulation

sec.15 Reference to expired regulation

Information for all claims

Information for all claims

Information about injured person

sch.1-sec.1 Information about injured person

Information about incident

sch.1-sec.2 Information about incident

Information about nature and treatment of personal injury

sch.1-sec.3 Information about nature and treatment of personal injury

Information about economic loss

sch.1-sec.4 Information about economic loss

Other information required generally

sch.1-sec.5 Other information required generally

Additional information for dependency claims

Additional information for dependency claims

Information about claimant

sch.1-sec.6 Information about claimant

Information about each dependant

sch.1-sec.7 Information about each dependant

Additional information for health care claims

Additional information for health care claims

Information relevant to health care claims

sch.1-sec.8 Information relevant to health care claims

Source text: opening excerpt

pt.1 Preliminary

Preliminary

sec.1 Short title

sec.1 Short title

sec.2 Commencement

sec.2 Commencement

sec.3 Definitions

sec.3 Definitions

pt.2 Notices of claim

Notices of claim

sec.4 Required information for notice of claim— Act , s 9

sec.4 Required information for notice of claim— Act , s 9

sec.5 Records and sources of information for notice of claim— Act , s 9

sec.5 Records and sources of information for notice of claim— Act , s 9

Main concepts

Who it affects

Required information for notice of claim— Act , s 9

Records and sources of information for notice of claim— Act , s 9

Documents to accompany notice of claim— Act , s 9

Period for giving notice of claim to other party— Act , s 9

Giving notice of claim electronically for urgent proceeding— Act , s 44

Addition of respondent— Act , s 14

Addition of contributor— Act , s 16

Information for contributor’s response— Act , s 17

Basis for costs on acceptance of offer between lower offer limit and upper offer limit— Act , s 40