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This is a Bill, not an Act. For current law, see the Acts databases.
CIVIL LAW (WRONGS) (THRESHOLDS) AMENDMENT BILL 2003
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Civil Law
(Wrongs) (Thresholds) Amendment Bill 2003
Contents
Page
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Civil Law (Wrongs)
(Thresholds) Amendment Bill 2003
A Bill for
An Act to amend the
Civil Law (Wrongs) Act
2002
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Civil Law (Wrongs) (Thresholds) Amendment Act
2003.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Civil Law (Wrongs) Act 2002.
in part 7.1, insert
99A Damages for non-economic loss—medical
claims
(1) This section applies to a claim for damages for personal injury
arising out of the provision of a health service by a doctor (other than a claim
under the Workers Compensation Act 1951).
(2) Damages must not be awarded for non-economic loss unless the assessed
non-economic loss is $12 001 or more.
(3) If the assessed non-economic loss is at least $12 001 but less
than $20 000, the maximum amount of damages for non-economic loss that may
be awarded is the amount worked out as follows:
(assessed non-economic loss - $12 000) ×
2.5
(4) In this section:
health service—see the Community and Health Services
Complaints Act 1993, section 4 (1).
non-economic loss—see section 99 (4).
99B Review of operation of s 99A
(1) The Minister must review the operation of section 99A as soon as
practicable after the second anniversary of the commencement of that
section.
(2) The Minister must present to the Legislative Assembly the report of
the review within 6 months after the review begins.
(3) This section expires 3 years after the day it commences.
after
non-economic loss)
insert
and section 99A (Damages for non-economic loss—medical
claims)
insert
225A Application provision—for Civil Law
(Wrongs) (Thresholds) Act 2003
(1) Section 99A (Damages for non-economic loss—medical claims) does
not apply to a claim arising out of an accident that happened before the
commencement of the section.
(2) This section expires 3 years after the day it commences.
(3) Subsection (1) is declared to be a law to which the Legislation Act,
section 88 (Repeal does not end effect of transitional laws etc)
applies.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2003.
2 Notification
Notified under the Legislation Act on 2003.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2003
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