S. 24AE inserted by No. 60/2003 s. 3 (as amended by No. 102/2003 s. 36). 24AE Definitions In this Part— apportionable claim means a claim to which this Part applies; court includes tribunal and, in relation to a claim for damages, means any court or tribunal by or before which the claim falls to be determined; damages includes any form of monetary compensation; defendant includes any person joined as a defendant or other party in the proceeding (except as a plaintiff) whether joined under this Part, under rules of court or otherwise; injury means personal or bodily injury and includes— (a) pre-natal injury; and (b) psychological or psychiatric injury; and (c) disease; and (d) aggravation, acceleration or recurrence of an injury or disease. S. 24AF inserted by No. 60/2003 s. 3 (as amended by No. 102/2003 s. 37). 24AF Application of Part (1) This Part applies to— (a) a claim for economic loss or damage to property in an action for damages (whether in tort, in contract, under statute or otherwise) arising from a failure to take reasonable care; and S. 24AF(1)(b) amended by No. 72/2010 s. 48(Sch. item 25). (b) a claim for damages for a contravention of section 18 of the Australian Consumer Law (Victoria).
adoption or otherwise) at the time that the liability in respect of which the claim is made arises and who is born after that time; fault includes act or omission; S. 28B def. of gratuitous attendant care services inserted by No. 60/2003 s. 5. gratuitous attendant care services means attendant care services— (a) that have or are to be provided by another person to a claimant; and (b) for which the claimant has not paid or is not liable to pay; injury means personal or bodily injury and includes— (a) pre-natal injury; and (b) psychological or psychiatric injury; and (c) disease; and (d) aggravation, acceleration or recurrence of an injury or disease; non-economic loss means any one or more of the following— (a) pain and suffering; (b) loss of amenities of life; (c) loss of enjoyment of life; personal injury damages means damages that relate to the death of or injury to a person caused by the fault of another person. S. 28C inserted by No. 49/2002 s. 7. 28C Application of Part (1) This Part applies to an award of personal injury damages, except an award that is excluded by subsection (2). (2) The following awards of damages are excluded from the operation of this Part—
S. 28J(2) inserted by No. 60/2003 s. 7. (2) It is the intention of section 28D (as affected by the amendments made to this Part by the Wrongs and Limitation of Actions Acts (Insurance Reform) Act 2003) to alter or vary section 85 of the Constitution Act 1975. S. 28J(3) inserted by No. 102/2003 s. 11. (3) It is the intention of section 28D (as affected by the amendments made to this Part by section 10 of the Wrongs and Other Acts (Law of Negligence) Act 2003) to alter or vary section 85 of the Constitution Act 1975. S. 28K inserted by No. 49/2002 s. 7. 28K Regulations (1) The Governor in Council may make regulations generally prescribing any matter or thing required or permitted by this Part to be prescribed, or necessary or convenient to be prescribed to give effect to this Part. (2) The regulations— (a) may leave any matter to be determined by the Minister; and (b) may apply, adopt or incorporate, wholly or partially or as amended by the regulations, any matter contained in any document as existing or in force— (i) from time to time; or (ii) at a particular time. S. 28L inserted by No. 49/2002 s. 7. 28L Transitional
(b) has effect despite any provision to the contrary made by or under any Act (other than the Charter of Human Rights and Responsibilities Act 2006). S. 28LACC inserted by No. 62/2015 s. 10, repealed by No. 6420 s. 28LACC(4). * * * * * Pt 5BAA (Heading and ss inserted by No. 22/2015 s. 3. S. 28LAD inserted by No. 22/2015 s. 3. 28LAD Definitions In this Part— claimant means a person who makes, or is entitled to make, a claim for the recovery of damages for non-economic loss in respect of mental harm caused by the death or injury of a prisoner; court includes tribunal, and, in relation to a claim for damages, means any court or tribunal by or before which the claim falls to be determined; criminal record, in relation to a person, means a document that sets out—
(a) all the person's previous convictions; and (b) in relation to each previous conviction— (i) the date of the conviction; and (ii) the court in which the conviction took place; and (iii) the place of sitting of that court; and (iv) the offence committed; and (v) the sentence imposed; Crown Prosecutor has the same meaning as in the Criminal Procedure Act 2009; damages includes any form of monetary compensation; legal practitioner has the same meaning as in the Criminal Procedure Act 2009; mental harm means psychological or psychiatric injury; non-economic loss means any one or more of the following— (a) pain and suffering; (b) loss of amenities of life; (c) loss of enjoyment of life; police officer has the same meaning as in the Victoria Police Act 2013; prisoner means a person referred to in section 28LAE(1)(a); profit motivated offence means—
Division 1—Introductory S. 28LB inserted by No. 60/2003 s. 4. 28LB Definitions In this Part— A.M.A. Guides means the American Medical Association's Guides to the Evaluation of Permanent Impairment (Fourth Edition) (other than Chapter 15) as modified by or under this Part; S. 28LB def. of approved medical practitioner amended by No. 67/2013 s. 649(Sch. 9 item 36(4)(a)). approved medical practitioner means— (a) if a training course has been approved under section 91(1)(b) of the Accident Compensation Act 1985 or section 54(1)(b) of the Workplace Injury Rehabilitation and Compensation Act 2013, a medical practitioner who has successfully completed the course; or (b) if a training course has not been so approved, a medical practitioner; S. 28LB def. of condition inserted by No. 2/2015 s. 3. asbestos-related condition has the same meaning as in the Asbestos Diseases Compensation Act 2008; S. 28LB def. of certificate of assessment amended by No. 102/2003 s. 13(1). certificate of assessment means a certificate provided under section 28LN or 28LNA; claimant means a person who makes or is entitled to make a claim for damages that relate to the injury to a person caused by the fault of another person;
S. 28LB def. of Convenor amended by No. 67/2013 s. 649(Sch. 9 item 36(4)(b)). Convenor means the Convenor or Deputy Convenor appointed under section 537 of the Workplace Injury Rehabilitation and Compensation Act 2013; court includes tribunal and, in relation to a claim for damages, means any court or tribunal by or before which the claim falls to be determined; fault includes act or omission; S. 28LB def. of impairment inserted by No. 102/2003 s. 13(2). impairment means permanent impairment; injury means personal or bodily injury and includes— (a) pre-natal injury; and (b) psychological or psychiatric injury; and (c) disease; and (d) aggravation, acceleration or recurrence of an injury or disease; S. 28LB def. of Medical Panel amended by No. 67/2013 s. 649(Sch. 9 item 36(4)(c)). Medical Panel means a Medical Panel under the Workplace Injury Rehabilitation and Compensation Act 2013; S. 28LB def. of medical practitioner amended by Nos 97/2005 s. 182(Sch. 4 item 55(a)), 13/2010 s. 51(Sch. item 62.1). medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student) and, in relation to anything done for the purposes of this Act in a place outside Victoria, includes a medical practitioner who is lawfully qualified under a law in force in that place to do that thing;
impairment in an impairment examination made on or after that commencement until the first guidelines are in force. S. 28LJ inserted by No. 60/2003 s. 4. 28LJ Regard not to be had to secondary psychiatric or psychological impairment In assessing a degree of impairment of a person under this Part, regard must not be had to any psychiatric or psychological injury, impairment or symptoms arising as a consequence of, or secondary to, a physical injury. S. 28LK inserted by No. 60/2003 s. 4. 28LK Assessment of hearing impairment (1) For the purposes of assessing the degree of impairment of the whole person resulting from binaural hearing impairment, the percentage of the diminution of hearing determined in accordance with subsection (2) is to be converted as follows— (a) if the binaural loss of hearing is 5 per cent NAL or less, the degree of impairment is to be assessed as zero; (b) if the binaural loss of hearing is a percentage that is more than 5 per cent NAL, the degree of impairment is to be assessed at that percentage. (2) For the purposes of this section, the percentage of diminution of hearing— S. 28LK(2)(a) amended by No. 67/2013 s. 649(Sch. 9 item 36(7)). (a) must be determined— (i) by a person or class of persons approved; and (ii) in the manner approved— under section 63 of the Workplace Injury Rehabilitation and Compensation Act 2013; and
Assent Date: 9.5.89 Commencement Date: S. 4(Sch. 2 item 136.1) on 1.11.89: Government Gazette 1.11.89 p. 2798 : This information relates only to the provision/s amending the Wrongs Act 1958 Crimes Legislation (Miscellaneous Amendments) Act 1989, No. 25/1989 Assent Date: 6.6.89 Commencement Date: Pt 7 (ss 38, 39) on 25.6.89: Special Gazette 20.6.89 p. 1 : This information relates only to the provision/s amending the Wrongs Act 1958 Magistrates' Court Act 1989, No. 51/1989 Assent Date: 14.6.89 Commencement Date: S. 148 on 1.9.90: Government Gazette 25.7.90 p. 2216 : This information relates only to the provision/s amending the Wrongs Act 1958 Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989 Assent Date: 14.6.89 Commencement Date: S. 3(Sch. items 223.1–223.7) on 1.9.90: Government Gazette 25.7.90 p. 2217 : This information relates only to the provision/s amending the Wrongs Act 1958 Legal Practice Act 1996, No. 35/1996 Assent Date: 6.11.96 Commencement Date: S. 453(Sch. 1 item 90) on 1.1.97: s. 2(4) : This information relates only to the provision/s amending the Wrongs Act 1958 Printers and Newspapers (Repeal) Act 1998, No. 56/1998 Assent Date: 13.10.98 Commencement Date: S. 4 on 19.11.98: Government Gazette 19.11.98 p. 2792 : This information relates only to the provision/s amending the Wrongs Act 1958 Wrongs (Amendment) Act 2000, No. 75/2000 Assent Date: 21.11.00 Commencement Date: 21.11.00: s. 2 : All of Act in operation Wrongs and Other Acts (Public Liability Insurance Reform) Act 2002, No. 49/2002