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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:



1 Name of Act

This Act is the Civil Law (Wrongs) (Thresholds) Amendment Act 2003.

2 Commencement

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)).

3 Legislation amended

This Act amends the Civil Law (Wrongs) Act 2002.

4 New section 99A

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.

5 Section 224 (2)

after

non-economic loss)

insert

and section 99A (Damages for non-economic loss—medical claims)

6 New section 225A

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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