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PERSONAL INJURIES PROCEEDINGS ACT 2002 - SCHEDULE 1

SCHEDULE 1 – Dictionary


"advertises personal injury services" , for chapter 3 , part 1 , see section 64 .

"allowable publication method" , for chapter 3 , part 1 , see section 65 .

"approved" , for chapter 3 , part 1 , see section 63 .

"approved form" see section 74 .

"Australian legal practitioner" see the Legal Profession Act 2007 , schedule 2 .

"average weekly earnings" ...

"award" , of damages, includes—

(a) a payment of damages, whether or not liability is admitted; and
(b) an ex gratia payment of monetary compensation.

"child" means an individual who is under 18.

"claim" means a claim, however described, for damages based on a liability for personal injury, whether the liability is based in tort or contract or in or on another form of action including breach of statutory duty and, for a fatal injury, includes a claim for the deceased’s dependants or estate.

"claimant" means a person by whom, or on whose behalf, a claim is made.

"client" , of a lawyer, for chapter 3 , part 1 , see section 63 .

"complying notice of claim" ...

"complying part 1 notice of claim" means part 1 of a notice of a claim complying with section 9 and, if a respondent is added under section 14 , section 14 that is given as required under chapter 2 , part 1 , division 1 .

"compulsory conference" see section 36 (1) .

"contribution notice" means a contribution notice under section 16 .

"contributor" means a person added as a contributor under section 16 .

"convicted" , for chapter 3 , part 1 , see section 63 .

"costs"
(a) when used in reference to legal costs, includes disbursements, whether or not a person has legal representation; and
(b) when used in reference to the costs of a respondent on a claim, includes—
(i) the amount paid out by the respondent on the claim to the claimant or for the claimant’s benefit, including—
(A) the cost to the respondent of providing rehabilitation services in connection with the claim; and
(B) the cost to the respondent of paying private hospital, medical and pharmaceutical expenses in connection with the claim; and
(ii) the cost to the respondent of investigating the claim and of litigation related to the claim, but not the respondent’s general administration costs.

"court" , in relation to a claim, means—
(a) if a proceeding based on the claim has been started—the court hearing the proceeding; or
(b) if no proceeding based on the claim has been started—a court with jurisdiction to hear the claim.

"court" , outside Queensland or Australia, includes any entity outside Queensland or Australia having an adjudicative function.

"damages" includes any form of monetary compensation.

"declared costs limit" means the amount prescribed under a regulation as the declared costs limit.
Note—
Under section 75A , the Minister must make a recommendation about the amount to be prescribed.

"dust-related condition" means—
(a) any of the following diseases—
• aluminosis
• asbestos induced carcinoma
• asbestosis
• asbestos related pleural diseases
• bagassosis
• berylliosis
• byssinosis
• coal dust pneumoconiosis
• farmers’ lung
• hard metal pneumoconiosis
• mesothelioma
• silicosis
• silicotuberculosis
• talcosis; or
(b) any other pathological condition of the lungs, pleura or peritoneum that is attributable to dust.

"employment" , for chapter 3 , part 1 , see section 63 .

"expression of regret" ...

"fee" , for chapter 3 , part 1 , see section 63 .

"health care" ...

"health care claim" ...

"health care provider" ...

"hospital" , for chapter 3 , part 1 , see section 63 .

"incident" , in relation to personal injury, means the accident, or other act, omission or circumstance, alleged to have caused all or part of the personal injury.

"incorporated legal practice" , for chapter 3 , part 1 , see section 63 .

"injured person" means a person who suffers personal injury.

"insured" includes indemnified.

"insured person" , in relation to a claim, means a person who is insured or purportedly insured against the claim.

"insurer" , of a person in relation to a claim, means the insurer or other entity providing, or purportedly providing, the person cover or an indemnity against the claim.

"law firm" , for chapter 3 , part 1 , see section 63 .

"law practice" , for chapter 3 , part 1 , see section 63 .

"legal practitioner director" , for chapter 3 , part 1 , see section 63 .

"legal practitioner partner" , for chapter 3 , part 1 , see section 63 .

"lower offer limit" means the amount prescribed under a regulation as the lower offer limit.
Note—
Under section 75A , the Minister must make a recommendation about the amount to be prescribed.

"mandatory final offer" see section 39 (6) .

"member" , for chapter 3 , part 1 , see section 63 .

"misconduct" , for chapter 3 , part 1 , see section 63 .

"multi-disciplinary partnership" , for chapter 3 , part 1 , see section 63 .

"party" means claimant, respondent or contributor.

"period of limitation" means period of limitation under the Limitation of Actions Act 1974 .

"personal injury" includes—
(a) fatal injury; and
(b) prenatal injury; and
(c) psychological or psychiatric injury; and
(d) disease.

"possession" includes control.

"potential claimant" , for chapter 3 , part 1 , see section 63 .

"practitioner" means an Australian legal practitioner.

"printed publication" , for chapter 3 , part 1 , see section 63 .

"professional misconduct" see the Legal Profession Act 2007 , schedule 2 .

"prohibited person" , for chapter 3 , part 1 , see section 63 .

"provider" ...

"public place" , for chapter 3 , part 1 , see section 63 .

"rehabilitation" includes the use of medical, psychological, physical, social, educational or vocational measures—
(a) to restore, as far as reasonably possible, physical or mental functions lost or impaired through personal injury; and
(b) to optimise, as far as reasonably possible, the quality of life of a person who suffers the loss or impairment of physical or mental functions through personal injury.

"respondent" means a person who—
(a) is a respondent under section 12 (1) ; or
(b) is added as a respondent under section 14 .

"sole practitioner" , for chapter 3 , part 1 , see section 63 .

"upper offer limit" means the amount prescribed under a regulation as the declared upper offer limit.
Note—
Under section 75A , the Minister must make a recommendation about the amount to be prescribed.



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