Victorian Numbered Acts Victorian Numbered ActsAfter section 28LZR of the Principal Act insert —
(1) The definition of threshold level in section 28LB, as amended by section 11 of the Wrongs Amendment Act 2015 , applies in respect of an injury suffered by a person, and in relation to which a claim for the recovery of damages for non-economic loss to which this Part applies may be made, irrespective of when the act or omission causing the injury and giving rise to the claim for the recovery of damages occurred.
(2) Without limiting subsection (1), the definition of threshold level in section 28LB, as amended by section 11 of the Wrongs Amendment Act 2015 , applies in respect of an injury suffered by a person and in relation to which a proceeding for a claim for the recovery of damages for non-economic loss to which this Part applies has been commenced before the commencement of section 11 of that Act but has not been finally settled or determined before the commencement of that section.
(3) Section 28LZMA, as inserted by section 12 of the Wrongs Amendment Act 2015 , applies to a proceeding for a claim for the recovery of damages for non-economic loss to which this Part applies that has been commenced before the commencement of section 12 of that Act but has not been finally settled or determined before the commencement of that section.
(1) If any difficulty arises because of the operation of the Wrongs Amendment Act 2015 in a proceeding for a claim for damages for non-economic loss in respect of an injury to the claimant to which this Part applies, a court may make any order it considers appropriate to resolve the difficulty.
(2) An order made under subsection (1)—
(a) may be made on application of a party to the proceeding or on the court's own motion; and
(b) has effect despite any provision to the contrary made by or under any Act (other than the Charter of Human Rights and Responsibilities Act 2006 ).
(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of Division 2 of Part 2 of the Wrongs Amendment Act 2015 , including any repeals and amendments made by that Division.
(2) Regulations made under this section may—
(a) have a retrospective effect to a day on and after the date that the Wrongs Amendment Act 2015 receives the Royal Assent; and
(b) be of limited or general application; and
(c) differ according to differences in time, place or circumstances; and
(d) leave any matter or thing to be decided by a specified person or specified class of persons; and
(e) provide for the exemption of persons or proceedings or a class of persons or proceedings from any of the regulations made under this section.
(3) Regulations made under this section have effect despite anything to the contrary—
(a) in any Act (other than this Part or the Charter of Human Rights and Responsibilities Act 2006 ); or
(b) in any subordinate instrument.
(4) This section is repealed on the second
anniversary of the day on which it comes into operation.".
Part 3—Repeal of amending Act