Australian Capital Territory Consolidated Regulations

CIVIL LAW (WRONGS) REGULATION 2003 - NOTES

(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

              •     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 Section 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

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 and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

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

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

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)

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)

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)

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)

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 may add later respondents—prescribed times—Act, s 55 (2) (a) and (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)

Respondent may add someone else as contributor—prescribed times—Act, s 57 (1) and (3)
s 8     (prev s 4E) ins SL2004-8 s 5
    renum R2 LA (see SL2004-8 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)

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     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

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

6     Renumbered provisions

This Act was renumbered under the Legislation Act 2001, in R2 (see Civil Law (Wrongs) Amendment Regulations 2004 (No 1) SL2004-8 s 10). Details of renumbered provisions are shown in endnote 4 (Amendment history). For a table showing the renumbered provisions, see R8.

© Australian Capital Territory 2008

Australian Capital Territory

SL2003-20

Republication No 10

Effective: 7 May 2008

Republication date: 7 May 2008

Last amendment made by A2008-7




Unauthorised version prepared by ACT Parliamentary Counsel's Office

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 7 May 2008. It also includes any amendment, repeal or expiry affecting the republished law to 7 May 2008.

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 or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

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 Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

Australian Capital Territory

Civil Law (Wrongs) Regulation 2003

Endnotes

Australian Capital Territory

Civil Law (Wrongs) Regulation 2003