Legislation

• Motor Accident Insurance Act 1994

  The Motor Accident Insurance Act 1994 established a compulsory third party insurance scheme. This ensures that people injured in motor vehicle accidents can claim for damages for personal injuries they have sustained in a motor vehicle accident, which was not their fault.

  All registered drivers pay compulsory third party insurance as a component of their registration. However, if your accident was caused by an unregistered driver or you do not know the registration number, you are still protected.

  The Nominal Defendant is a statutory body established by the government within the Motor Accident Insurance Act 1994 to compensate claimants who may have been injured as a result of the negligent driving of either a unregistered (uninsured) or unidentified motor vehicle. The Notice of Accident Claim Form must be served on the Nominal Defendant within three months of the date of accident. For the purpose of lodging a Notice of Accident Claim Form, the Nominal Defendant is considered a licensed insurer.

  Download Motor Accident Insurance Act 1994 PDF
• Civil Liability Act 2003 and Civil Liability Regulations 2003

  The Civil Liability Act 2003 applies to all accidents except workers' compensation claims occurring on or after 2 December 2003. The Civil Liability Act 2003 is not limited to personal injuries. It applies to personal injuries, damage to property and economic loss.

  The Civil Liability Act 2003 affects the type of claims that can be made as well as limiting some of the damages that can be claimed. It aims to promote affordability of insurance and consistency in damages awarded. This legislation operates in conjunction with the Motor Accident Insurance Act 1994 and the Personal Injuries Proceedings Act 2002.

  The Civil Liability Act 2003 sets out that a person does not breach a duty of care unless:

  • the risk was foreseeable
  • the risk was insignificant
  • a reasonable person would have taken precautions to prevent or limit the risk.

  Under the Civil Liability Act 2003, injuries are assigned a value between zero and 100. Zero relates to an injury which does not justify the award of general damages and 100 is an injury of the gravest conceivable kind. A monetary value of each point is also prescribed by the Civil Liability Regulation 2003.

  With regards to risk, you need to be able to prove that you were not warned of the risk. This applies in cases of medical negligence but does not apply in the pursuit of dangerous recreational activities, where the risk is obvious.

  Download Civil Liability Act 2003 PDF 
  Download Civil Liability Regulation 2003 PDF
• Workers' Compensation and Rehabilitation Act 2003

  If you are injured at work, you are entitled to Worker's Compensation under Queensland's Workers' Compensation and Rehabilitation Act 2003. In Queensland, it is compulsory for employers to hold Queensland workers' compensation insurance for their employees. Claims must be lodged within six months of an accident occurring.

  Download Workers' Compensation and Rehabilitation Act 2003 PDF
• Limitations of Actions Act 1974

  The Limitation of Actions Act 1974 (Qld), sets out timeframes for seeking damages in personal injury cases. However, the Workers' Compensation and Rehabilitation Act 2003,Personal Injuries Proceedings Act 2002 and Motor Accident Insurance Act 1994 set out a detailed claims procedure to be followed prior to commencing court action with specific timeframes. If you do not follow the procedure your claim may not be able to proceed. It is essential, that you take legal advice on your claim as soon as possible to ensure your legal rights are protected. Do not delay!

  Download Limitations of Actions Act 1974 PDF
• Personal Injuries Proceedings Act 2002

  This is an Act to regulate particular claims for and awards of damages based on a liability for personal injuries, and for other purposes.

  This Act also regulates the advertising of personal injury lawyers' services. A lawyer may give details of their practice areas, the terms and conditions of how they provide those services, details as to the law of negligence and a person's rights under that law.

  Download Personal Injuries Proceedings Act 2002 PDF
• The Competition and Consumer Act 2010

  If you are injured by a faulty product, the applicable legislation is the Competition and Consumer Act 2010. The Act sets out manufacturer's responsibilities with regards to product safety. This includes a national product safety law and enforcement system. It also outlines consumers' rights and responsibilities with regard to returns, refunds, warranties, contracts, marketing and advertising.

  Download Fair Trading (Australian Consumer Law) Amendment Act 2010 PDF