Personal Injuries Proceedings and Other Legislation Amendment Regulation 2022

1Short title

This regulation may be cited as the Personal Injuries Proceedings and Other Legislation Amendment Regulation 2022.

2Commencement

This regulation commences on 31 October 2022.

3Regulation amended

This part amends the Legal Profession Regulation 2017.

4Insertion of new pt 6A

After section 92—
insert—

Part 6A Examinations under chapter 6A of the Act

92AAllowances and expenses for person required to attend for examination—Act, s 581F

For the Act, section 581F(4), the allowances and expenses to which a witness in a proceeding before the District Court is entitled are prescribed.

5Regulation amended

This part amends the Personal Injuries Proceedings Regulation 2014.

6Amendment of s 5 (Notice of a claim—documents for Act, s 9(2)(c))

(1)Section 5, heading, ‘9(2)(c)’—
omit, insert—

9(2)(d)

(2)Section 5, before subsection (1)—
insert—

(1AA)For section 9(2)(d) of the Act, this section provides for the documents required to accompany a notice of a claim.

(3)Section 5(1) and (2), from ‘For’ to ‘part’—
omit, insert—

Part

(4)Section 5, after subsection (1)—
insert—

(1A)Also, part 1 of the notice of a claim must be accompanied by a claimant’s certificate.

(1B)However, if the notice of a claim is signed by the claimant’s lawyer under the Act, section 44(3), the claimant’s certificate must accompany the notice of the claim signed and given by the claimant under the Act, section 44(4).

(5)Section 5—
insert—

(3)In this section—

claimant’s certificate see section 5A.

(6)Section 5(1AA) to (3)—
renumber as section 5(1) to (6).

7Insertion of new s 5A

After section 5—
insert—

5AClaimant’s certificate

(1)A claimant’s certificate for a notice of a claim is a certificate that complies with subsection (2) and states—

(a)whether the claimant is making the claim on the claimant’s own initiative; and

(b)whether 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

(d)if the claimant has instructed a law practice to act for the claimant in relation to the claim—whether, to the claimant’s knowledge, the law practice gave another person consideration for referring the claimant to the law practice.

(2)A claimant’s certificate must be—

(a)in a form approved by the commissioner; and

(b)verified by statutory declaration.

8Regulation amended

This part amends the Workers’ Compensation and Rehabilitation Regulation 2014.

9Insertion of new s 147A

After section 147—
insert—

147A Allowances and expenses for person required to attend for examination—Act, s 532S

For the Act, section 532S(4), the allowances and expenses to which a witness in a proceeding before the District Court is entitled are prescribed.