Wrongs (Part VBA Claims) Amendment Regulations 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Wrongs (Part VBA Claims) Amendment Regulations 2016 S.R. No. 1/2016 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Form 1 to Schedule 1 2 4 Form 2 to Schedule 1 2 ═══════════════ Endnotes 4 -- 1 of 5 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2016 S.R. No. 1/2016 Wrongs Act 1958 Wrongs (Part VBA Claims) Amendment Regulations 2016 The Governor in Council makes the following Regulations: Dated: 16 February 2016 Responsible Minister: MARTIN PAKULA Attorney-General MATTHEW McBEATH Acting Clerk of the Executive Council 1 Objective The objective of these Regulations is to make consequential amendments to Forms 1 and 2 of Schedule 1 to the Wrongs (Part VBA Claims) Regulations 2015 that reflect amendments made to the Wrongs Act 1958 by the Wrongs Amendment Act 2015. 2 Authorising provision These Regulations are made under section 28LZP of the Wrongs Act 1958. -- 2 of 5 -- Wrongs (Part VBA Claims) Amendment Regulations 2016 S.R. No. 1/2016 Authorised by the Chief Parliamentary Counsel 2 3 Form 1 to Schedule 1 In Form 1 of Schedule 1 to the Wrongs (Part VBA Claims) Regulations 20151 — (a) for "person's injury is more than 5%" substitute "person's injury (other than psychiatric injury) satisfies the threshold level"; (b) for "is more than 10%" substitute "satisfies the threshold level"; (c) after "Impairment is defined in section 28LB of the Wrongs Act 1958 to mean permanent impairment." insert— "Threshold level is defined in section 28LB of the Wrongs Act 1958 to mean— (a) in the case of injury (other than psychiatric injury or spinal injury), impairment of more than 5 per cent; (b) in the case of psychiatric injury, impairment of 10 per cent or more; (c) in the case of spinal injury, impairment of 5 per cent or more.". 4 Form 2 to Schedule 1 In Form 2 of Schedule 1 to the Wrongs (Part VBA Claims) Regulations 2015— (a) after "an injury" insert "(other than psychiatric injury)"; (b) for "this injury will be more than 5%" substitute "this injury (other than psychiatric injury) will satisfy the threshold level"; -- 3 of 5 -- Wrongs (Part VBA Claims) Amendment Regulations 2016 S.R. No. 1/2016 Authorised by the Chief Parliamentary Counsel 3 (c) for "the degree of impairment resulting from this person's psychiatric injury and symptoms (which has not arisen as a consequence of, or secondary to, a physical injury) is more than 10%" substitute "a psychiatric injury"; (d) after "same psychiatric injury" insert "(which has not arisen as a consequence of, or secondary to, a physical injury)"; (e) for "will be more than 10%" substitute "will satisfy the threshold level"; (f) after "Impairment is defined in section 28LB of the Wrongs Act 1958 to mean permanent impairment." insert— "Threshold level is defined in section 28LB of the Wrongs Act 1958 to mean— (a) in the case of injury (other than psychiatric injury or spinal injury), impairment of more than 5 per cent; (b) in the case of psychiatric injury, impairment of 10 per cent or more; (c) in the case of spinal injury, impairment of 5 per cent or more.". ═══════════════ -- 4 of 5 -- Endnotes Wrongs (Part VBA Claims) Amendment Regulations 2016 S.R. No. 1/2016 Authorised by the Chief Parliamentary Counsel 4 Endnotes 1 Reg. 3: S.R. No. 31/2015. -- 5 of 5 --