Australian Capital Territory Consolidated Regulations

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CIVIL LAW (WRONGS) REGULATION 2003 - REG 4

Information in notice of claim—Act, s 51 (2) (a)

    (1)     A notice of claim must contain a statement of the information required under subsections (2) to (8) or information that substantially complies with those subsections.

    (2)     The following information about the injured person is required:

        (a)     the person's full name and home address;

        (b)     any other name by which the person is, or has been, known;

        (c)     the person's date of birth.

    (3)     The following information about the accident claimed to have given rise to the personal injury to which the claim relates is required:

        (a)     the date, time and place of the accident;

        (b)     details of how the accident happened;

        (c)     if appropriate, a diagram showing, to the best of the claimant's knowledge, the scene of the accident;

        (d)     if known that the police, ambulance, fire brigade or any other emergency service attended the accident—

              (i)     that fact; and

              (ii)     if known, the name of the service or services that attended the accident; and

              (iii)     if known, the name and contact details of the person or people who attended the accident for the service;

        (e)     if known, the name, address and telephone number of anyone who has given a witness statement;

        (f)     if known, the name, address and telephone number of the person or people (if any) who were, in the claimant's opinion, responsible for causing the accident (apart from the respondent);

        (g)     if a seatbelt or helmet was required under the Road Transport (Safety and Traffic Management) Act 1999 —whether it was being worn as required when the accident happened;

    (4)     The following information about the nature and treatment of the injured person's personal injury is required:

        (a)     a description of the injury suffered;

        (b)     if the injured person was or is hospitalised for treatment of the injury—the name of the hospital;

        (c)     if the injured person received or is receiving medical treatment for the injury—

              (i)     the general nature of the treatment; and

              (ii)     the name and address of the treatment provider or providers; and

              (iii)     the date of the person's first examination by a doctor.

    (5)     The date the claimant first consulted a lawyer about the possibility of making a claim and identified the respondent is required.

    (6)     If damages for economic loss are claimed, the following information relevant to economic loss is required:

        (a)     if the injured person was employed or self-employed at the time of the accident—details of the employment or self-employment;

        (b)     if the employment or self-employment has changed since the accident—

              (i)     how it has changed; and

              (ii)     an assessment, as far as possible, of the economic loss suffered from the change.

    (7)     If the claimant is entitled to payment under a statutory scheme because of the accident, details of the entitlement are required.

    (8)     If the claim is against a health service provider, the following information is also required:

        (a)     a description of the medical condition for which the injured person sought treatment;

        (b)     the act or omission claimed to have given rise to the personal injury or to have exacerbated a pre-existing injury or condition;

        (c)     if the claim relates to or includes a claimed failure of the health service provider to 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 service provider at which information about the risks could have been given; and

              (ii)     if any written or oral information or warning was given to the injured person by the health service 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;

        (d)     if written or oral consent was given by the injured person to the health service provider about the treatment claimed to have given rise to the personal injury—the date and place the consent was given.



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