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Extract of Important Provisions from the Civil Liability Regulation 2014

You may be interested in the legislation that applies to many claims, including motor vehicle and public liability claims, for personal injury in Queensland.  We have included excerpts from the Civil Liability Regulation 2014 (Qld) as follows, but if you wish to view this legislation in it's entirety, please go to legislation.qld.gov.au

(Current as at 1 July 2015)

Part 1 – Objectives of Schedule 4 (Ranges of injury scale values)

1. Objectives of sch 4. The objectives of schedule 4 include promoting--

  • consistency between assessments of general damages awarded by courts for similar injuries; and
  • similar assessments of general damages awarded by courts for different types of injury that have a similar level of adverse impact on an injured person.

Part 2 – How to use Schedule 4

2. Injury mentioned in sch 4

1. In assessing the injury scale value (ISV) for an injury mentioned in the injury column of schedule 4, a court must consider the range of injury scale values stated in schedule 4 for the injury.
2. The range of ISVs for the injury reflects the level of adverse impact of the injury on the injured person.

3. Multiple injuries

1. Subject to section 4, in assessing the ISV for multiple injuries, a court must consider the range of ISVs for the dominant injury of the multiple injuries.
2. To reflect the level of adverse impact of multiple injuries on an injured person, the court may assess the ISV for the multiple injuries as being higher in the range of ISVs for the dominant injury of the multiple injuries than the ISV the court would assess for the dominant injury only.

4. Multiple injuries and maximum dominant ISV inadequate

1. This section applies if a court considers the level of adverse impact of multiple injuries on an injured person is so severe that the maximum dominant ISV is inadequate to reflect the level of impact.
2. To reflect the level of impact, the court may make an assessment of the ISV for the multiple injuries that is higher than the maximum dominant ISV.
3. However, the ISV for the multiple injuries--

  • must not be more than 100; and
  • should rarely be more than 25% higher than the maximum dominant ISV.

4. If the increase is more than 25% of the maximum dominant ISV, the court must give detailed written reasons for the increase. 
5. In this section -- maximum dominant ISV, in relation to multiple injuries, means the maximum ISV in the range for the dominant injury of the multiple injuries.

5 Adverse psychological reaction

This section applies if a court is assessing an ISV where an injured person has an adverse psychological reaction to a physical injury.
The court must treat the adverse psychological reaction merely as a feature of the injury.

6. Mental disorder

1. This section applies if--

  • a court is assessing an ISV; and
  • a PIRS rating for a mental disorder of an injured person is relevant under schedule 4.

2. The PIRS rating for the mental disorder of the injured person is the PIRS rating accepted by the court.
3. A PIRS rating is capable of being accepted by the court only if it is--

  • assessed by a medical expert as required under schedules 5 and 6; and
  • provided to the court in a PIRS report as required under schedule 5, section 12.

Division 2 – Other matters | 9 Court may have regard to other matters

In assessing an ISV, a court may have regard to other matters to the extent they are relevant in a particular case. Examples of other matters--

  • the injured person's age, degree of insight, life expectancy, pain, suffering and loss of amenities of life
  • the effects of a pre-existing condition of the injured person
  • difficulties in life likely to have emerged for the injured person whether or not the injury happened
  • in assessing an ISV for multiple injuries, the range for, and other provisions of schedule 4 in relation to, an injury other than the dominant injury of the multiple injuries

10 Whole person impairment

The extent of whole person impairment is an important consideration, but not the only consideration affecting the assessment of an ISV

SCHEDULE 4   - RANGES OF INJURY SCALE VALUES

Note – this schedule details a table of injuries and ISV ratings, as well as how such ratings should be calculated as follows:

Part 1 – Central nervous system and head injuries

1 Quadriplegia

2 Paraplegia

3 Hemiplegia or severe paralysis of more than 1 limb

4 Monoplegia

5 Extreme brain injury

6 Serious brain injury

7 Moderate brain injury

8 Minor brain injury, other than an injury mentioned in part 3

9 Minor head Injury

Part 2 – Mental disorders

10 Extreme mental disorder

11 Serious mental disorder

12 Moderate mental disorder

13 Minor mental disorder

Part 3 – Facial Injuries

14 Extreme facial injury (Note- Le Fort I, II or III Fracture)

15 Serious facial injury

16 Moderate facial injury

17 Minor facial injury

18 Injury to teeth or gums

19 Extreme facial scarring

20 Serious facial scarring

21 Moderate facial scarring

22 Minor facial scarring

Part 4 – Injuries affecting the senses

Division 2 – Injuries affecting the eyes

23 Total sight and hearing impairment

24 Total sight impairment

25 Complete sight impairment in 1 eye with reduced vision in the other eye

26 Complete sight impairment in 1 eye or total loss of 1 eye

27 Serious eye injury

28 Moderate eye injury

29 Minor eye injury

Division 3 – Injuries affecting the ears

30 Extreme ear injury

31 Serious ear injury

32 Moderate ear injury

33 Minor ear injury

Division 4 – Impairment of taste or smell

34 Total loss of taste or smell, or both

35 Partial loss of smell or taste, or both

Part 5 – Injuries to internal organs

Division 1 – Chest Injuries

36 Extreme chest injury (severe traumatic injury to chest or large majority of organs in chest cavity)

37 Serious chest injury

38 Moderate chest injury

39 Minor chest injury

Division 2 – Lung Injury other than asthma

40 Extreme lung injury

41 Serious lung injury

42 Moderate lung injury

43 Minor lung injury

Division 3 - Asthma

44 Extreme asthma

45 Severe asthma

46 Moderate asthma

47 Minor asthma

Division 4 – Injuries to male reproductive system

48 Impotence and sterility

49 Loss of part or all of penis

50 Loss of both testicles

51 Loss of 1 testicle

Division 5 – Injuries to female reproductive system

52 Infertility

53 Any other injury to the female reproductive system

54 Failed sterilisation leading to unwanted pregnancy

Division 6 – Injuries to digestive system

Subdivision 1 – Injury caused by trauma

55 Extreme injury to the digestive system caused by trauma

56 Serious injury to the digestive system caused by trauma

57 Moderate injury to the digestive system caused by trauma

58 Minor injury to the digestive system caused by trauma

Subdivision 2 – Injury not caused by trauma

59 Extreme injury to the digestive system not caused by trauma

60 Serious injury to the digestive system not caused by trauma

61 Moderate injury to the digestive system not caused by trauma

62 Minor injury to the digestive system not caused by trauma

Division 7 – Kidney or ureter injuries

63 Extreme injury to kidneys or ureters

64 Serious injury to kidneys or ureters

65 Moderate injury to kidneys or ureters

66 Minor injury to kidneys or ureters

Division 8 – Liver, gall bladder or biliary tract injuries

67 Extreme injury to liver, gall bladder or biliary tract

68 Serious injury to liver, gall bladder or biliary tract

69 Moderate injury to liver, gall bladder or biliary tract

70 Minor injury to liver, gall bladder or biliary tract

Division 9 – Bowel injuries

71 Extreme bowel injury

72 Serious bowel injury

73 Moderate bowel injury

74 Minor bowel injury

Division 10 – Bladder, prostate or urethra injuries

75 Extreme bladder, prostate or urethra injury

76 Serious bladder, prostate or urethra injury

77 Moderate bladder, prostate or urethra injury

78 Minor bladder, prostate or urethra injury

Division 11 – Spleen and pancreas injuries

79 Injuries to the pancreas

80 Loss of spleen (complicated)

81 Injury to the spleen or uncomplicated loss of spleen

Division 12 – Hernia Injuries

82 Severe hernia

83 Moderate hernia

84 Minor hernia

Part 6 – Orthopaedic injuries

Division 1 – Cervical spine injuries

85 Extreme cervical spine injury

86 Serious cervical spine injury

87 Moderate cervical spine injury -- fracture, disc prolapse or nerve root compression or damage

88 Moderate cervical spine injury -- soft tissue injury

89 Minor cervical spine injury

Division 2 – Thoracic spine or lumbar spine injuries

90 Extreme thoracic or lumbar spine injury

91 Serious thoracic or lumbar spine injury

92 Moderate thoracic or lumbar spine injury -- fracture, disc prolapse or nerve root compression or damage

93 Moderate thoracic or lumbar spine injury -- soft tissue injury

94 Minor thoracic or lumbar spine injury

Division 3 – Shoulder injuries

95 Extreme shoulder injury

96 Serious shoulder injury

97 Moderate shoulder injury

98 Minor shoulder injury

Division 4 – Amputation of upper limbs

99 Loss of both upper limbs, or loss of 1 arm and extreme injury to the other arm

100 Loss of 1 upper limb

Division 5 – Elbow injuries

101 Extreme elbow injury

102 Serious elbow injury

103 Moderate elbow injury

104 Minor elbow injury

Division 6 – Wrist injuries

105 Extreme wrist injury

106 Serious wrist injury

107 Moderate wrist injury

108 Minor wrist injury

Division 7 – Hand injuries

109 Total or effective loss of both hands

110 Serious injury to both hands

111 Total or effective loss of 1 hand

112 Amputation of the thumb or part of the thumb

113 Amputation of index, middle and ring fingers, or any 2 of them

114 Amputation of individual fingers

115 Amputation of thumb and all fingers

116 Any other injury to 1 or more of the fingers or the thumb

117 Extreme hand injury

118 Serious hand injury

119 Moderate hand injury

120 Minor hand injury

Division 8 – Upper limb injuries, other than injuries mentioned in divisions 3 to 7

121 Extreme upper limb injury

122 Severe upper limb injury

123 Moderate upper limb injury

124 Minor upper limb injury

Division 9 – Pelvis or hip injuries

125 Extreme pelvis or hip injury

126 Serious pelvis or hip injury

127 Moderate pelvis or hip injury

128 Minor pelvis or hip injury

Division 10 – Amputation of lower limbs

Subdivision 1 – Amputation of both lower limbs

129 Loss of both lower limbs above or through the knee

130 Below the knee amputation of both lower limbs

Subdivision 2 – Amputation of 1 lower limb

131 Above or through the knee amputation of 1 lower limb

132 Below the knee amputation of 1 lower limb

Division 11 – Lower limb injuries, other than injuries mentioned in division 10 or divisions 12 to 15

133 Extreme lower limb injury

134 Serious lower limb injury

135 Moderate lower limb injury

136 Minor lower limb injury

Division 12 – Knee injuries

137 Extreme knee injury

138 Serious knee injury

139 Moderate knee injury

140 Minor knee injury

Division 13 – Ankle injuries

141 Extreme ankle injury

142 Serious ankle injury

143 Moderate ankle injury

144 Minor ankle injury

Division 14 – Foot injuries

Subdivision 1 – Amputations

145 Amputation of both feet

146 Amputation of 1 foot

Subdivision 2 – Other foot injuries

147 Extreme foot injury that is not an amputation

148 Serious foot injury

149 Moderate foot injury

150 Minor foot injury

Division 15 – Toe injuries

151 Extreme toe injury

152 Serious toe injury

153 Moderate toe injury

154 Minor toe injury

Division 16 – Limb disorders

Part 7 – Scarring to parts of body other than the face

155 Scarring to parts of the body other than the face

Part 8 – Burn injuries

Part 9 – Injuries affecting hair

156 Extreme injury affecting head hair

157 Serious injury affecting head hair

158 Moderate injury affecting head hair or loss of body hair

Part 10 - Dermatitis

159 Extreme dermatitis

160 Serious dermatitis

161 Moderate dermatitis

162 Minor dermatitis

Schedule 5 - Matters Relevent To PIRS Assessment By Medical Expert

1 PIRS (Psychiatric Injury Rating Score) rates permanent impairment caused by mental disorder
The PIRS set out in schedule 6 rates permanent impairment caused by a mental disorder.

The above is only a small excerpt from the Civil Liability Regulation 2014 (Qld). Most claims, including motor vehicle and public liability claims, are complex. 

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