Queensland Consolidated Acts

PERSONAL INJURIES PROCEEDINGS ACT 2002

- As at 1 July 2024
- Act 24 of 2002

TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY

   PART 1 - INTRODUCTION

   1.      Short title
   2.      Commencement
   3.      Notes in text

   PART 2 - MAIN PURPOSE AND APPLICATION OF ACT

   4.      Main purpose
   5.      Act binds all persons
   6.      Application of Act
   7.      Provisions of this Act that are provisions of substantive law

   PART 3 - INTERPRETATION

   8.      Definitions

CHAPTER 2 - CLAIMS

   PART 1 - PRE-COURT PROCEDURES

           Division 1AA - Requirements for law practice certificates

   8A.     Application of division to potential claimants
   8B.     Meaning of law practice certificate
   8C.     Law practice retained by claimant before notice of claim or urgent proceeding
   8D.     Supervising principal can not complete law practice certificate or notice
   8E.     False or misleading law practice certificate
   8F.     Law practice referral through sale of business

           Division 1 - Claims procedures

   9.      Notice of a claim
   9A.     Particular provision for notice of a claim procedure for medical negligence cases
   9B.     Law practice certificate not given
   9C.     Law practice retained by claimant after notice of claim
   10.     Person to whom notice of a claim is given must give preliminary response to claimant
   11.     Acknowledgement that a person is a proper respondent to a claim is not an admission of liability
   12.     Respondent’s response to part 1 of a notice of a claim
   13.     Consequences for respondent of failure to respond to part 1 of a notice of a claim
   13A.    Duty to give law practice certificate if waiver or presumption
   14.     Claimant may add other respondents
   15.     Multiple respondents
   16.     Respondent may add other person as contributor
   17.     Contributor’s response
   18.     Claimant’s failure to give part 1 of a notice of a claim
   19.     Legal disabilities
   20.     Respondent must attempt to resolve claim

           Division 1A - Special provisions for notification of claims in relation to injuries to children arising out of medical treatment

   20A.    Limitation of actions not affected
   20B.    Application of div 1A
   20C.    Notice of claim for damages for child
   20D.    Respondent may apply for late claim not to proceed
   20E.    To what the court must have regard in deciding application
   20F.    Court may order that certain costs not be recovered
   20G.    Notice of adverse incidents
   20H.    Time by which claim must be made after notice of adverse incident
   20I.    Matters to which the court must have regard in deciding application
   20J.    Court may order that certain costs not be recovered

           Division 2 - Obligations of the parties

   21.     Purpose of div 2
   22.     Duty of claimant to provide documents and information to respondent
   23.     Respondent and claimant may jointly arrange for expert report
   24.     Costs of obtaining expert report if report obtained by agreement
   25.     Examination of claimant by medical expert in absence of agreement between the parties
   26.     (Repealed)
   27.     Duty of respondent to give documents and information to claimant
   28.     Duty of respondent to give documents to contributor
   29.     Duty of contributor to give documents to respondent
   29A.    Alternative provision if number of pages exceeds 200
   30.     Nondisclosure of particular material
   31.     Offence not to disclose particular material
   32.     Consequence of failure to give information
   33.     Privilege
   34.     No requirement to give documents or other information twice or if already in other party’s possession

           Division 3 - Enforcement of divisions 1 and 2

   35.     Court’s power to enforce compliance with divs 1 and 2

           Division 4 - Compulsory conferences

   36.     Compulsory conference
   37.     Exchange of material for compulsory conference
   38.     Procedure at conference
   39.     Parties to exchange mandatory final offers if claim not settled at compulsory conference
   40.     Provisions about mandatory final offers
   41.     Offer to contribute
   42.     Time for starting proceeding

           Division 5 - Urgent proceedings

   43.     Starting urgent proceeding with the court’s leave
   44.     Starting urgent proceeding by agreement
   45.     (Repealed)
   46.     (Repealed)

   PART 3 - PROCEEDINGS IN COURT

   47.     Exclusion of summary judgment on the basis of admissions
   48.     Consequences of failure to comply with claims procedures may result in adverse costs order
   49.     (Repealed)
   50.     (Repealed)
   51.     (Repealed)
   52.     (Repealed)
   53.     (Repealed)
   54.     (Repealed)
   55.     (Repealed)
   56.     Costs in cases involving damages awards of not more than an amount equal to the upper offer limit
   57.     General regulation of court awards
   58.     (Repealed)
   59.     Alteration of period of limitation
   60.     Recovery in case of fraud

   PART 4 - OTHER REQUIREMENTS FOR GIVING LAW PRACTICE CERTIFICATES

   61.     Supervising principal must complete law practice certificate on settlement or judgment

CHAPTER 3 - OTHER MATTERS

   PART 1 - RESTRICTION ON ADVERTISING OF PERSONAL INJURY SERVICES AND TOUTING

   62.     Application of pt 1
   63.     Definitions for pt 1
   64.     Meaning of advertises personal injury services
   65.     Meaning of allowable publication method
   66.     Restriction on advertising personal injury service
   67.     Prohibition on touting at scene of incident or at any time
   67A.    Exemption from s 67(3) and (4)
   68.     Prohibition against paying, or seeking payment, for touting
   69.     Consequence if person approved or regulated under an Act is convicted under s 67 or 68

   PART 2 - REFERRALS OF CLAIMS AND CONTACT TO SOLICIT OR INDUCE CLAIMS

   70.     Meaning of claim referral
   71.     Giving or receiving consideration for claim referrals
   71A.    Meaning of consideration for s 71
   71B.    Approach or contact for the purpose of making a claim
   71C.    Responsibility for acts or omissions of representative
   71D.    Additional consequences for law practice
   71E.    Maximum amount of claim-related costs that may be charged and recovered
   71F.    Extraterritorial application of part

   PART 2A - REQUIREMENT TO REPORT NON-COMPLIANCE WITH PARTICULAR PROVISIONS

   71G.    Reporting non-compliance

   PART 3 - MISCELLANEOUS

   72.     Offences involving fraud
   73.     False or misleading information or documents
   73A.    Proceeding
   73B.    Disclosure of information for administering claim farming provisions
   74.     Approved forms
   75.     Regulation-making power
   75A.    Indexation of particular amounts

CHAPTER 4 - TRANSITIONAL PROVISIONS

   PART 1 - TRANSITIONAL PROVISIONS FOR ACT NO. 24 OF 2002 AND JURY TRIALS

   76.     Special provision for personal injuries arising out of incidents happening between 18 June 2002 and 1 August 2002
   77.     Jury trials

   PART 2 - TRANSITIONAL PROVISIONS FOR PERSONAL INJURIES PROCEEDINGS AMENDMENT ACT 2002

   77A.    Special provision for personal injuries arising out of incidents happening before 18 June 2002
   77B.    Costs and outlays incurred before 18 June 2002
   77C.    Written offers of settlement made before 1 July 2002
   77D.    Alteration of limitation period for personal injury arising out of an incident happening before 18 June 2002
   77DA.   Validity of s 77D proceedings
   77E.    Stay of proceedings in particular cases

   PART 3 - TRANSITIONAL PROVISIONS FOR CIVIL LIABILITY ACT 2003

   78.     Definitions for pt 3
   79.     Notice of a claim given under the pre-amended Act
   80.     Special provision for notification of claims in relation to injuries to children arising out of medical treatment
   81.     Particular provisions having continuing effect

   PART 4 - TRANSITIONAL PROVISION FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2003

   82.     Time for lodging notice

   PART 5 - TRANSITIONAL PROVISIONS FOR CIVIL LIABILITY (DUST DISEASES) AND OTHER LEGISLATION AMENDMENT ACT 2005

   83.     Multiple pre-court procedures
   84.     Continuing application of repealed s 51

   PART 6 - TRANSITIONAL PROVISION FOR PERSONAL INJURIES PROCEEDINGS (LEGAL ADVERTISING) AND OTHER ACTS AMENDMENT ACT 2006

   85.     Provision for advertising of personal injury services and touting

   PART 7 - TRANSITIONAL PROVISION FOR LIMITATION OF ACTIONS (CHILD SEXUAL ABUSE) AND OTHER LEGISLATION AMENDMENT ACT 2016

   86.     Time for lodging notice for existing claims

   PART 8 - TRANSITIONAL PROVISION FOR CIVIL LIABILITY AND OTHER LEGISLATION AMENDMENT ACT 2019

   87.     Time for lodging notice for existing claims

   PART 9 - TRANSITIONAL PROVISION FOR PERSONAL INJURIES PROCEEDINGS AND OTHER LEGISLATION AMENDMENT ACT 2022

   88.     Requirements for law practice certificates apply to conduct on commencement

   PART 10 - TRANSITIONAL PROVISIONS FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2023

   89.     Definition for part
   90.     First notice made by Minister
   91.     Existing prescribed limits for particular definitions
           SCHEDULE 1