2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Civil Law (Wrongs) (Thresholds) Amendment Bill 2003

Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	New section 99A	2
	5	Section 224 (2)	3
	6	New section 225A	3

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