Judicial Council Act 2019

90

Personal injuries guidelines

90. (1) Personal injuries guidelines adopted by the Council under section 7, including any amendments adopted under that section (in this Act referred to as “personal injuries guidelines”) shall contain general guidelines as to the level of damages that may be awarded or assessed in respect of personal injuries and without prejudice to the generality of the foregoing, the guidelines may include guidance on any or all of the following:

(a) the level of damages for personal injuries generally;

(b) the level of damages for a particular injury or a particular category of injury;

(c) the range of damages to be considered for a particular injury or a particular category of injuries;

(d) where multiple injuries have been suffered by a person, the consideration to be given to the effect of those multiple injuries on the level of damages to be awarded in respect of that person.

(2) The Personal Injuries Guidelines Committee in preparing draft personal injuries guidelines or draft amendments to personal injuries guidelines shall have regard to the matters set out in subsection (3) and the Board, in reviewing those draft guidelines or draft amendments, may have regard to such of the matters set out in that subsection as it considers appropriate for the purposes of its review.

(3) The matters referred to in subsection (2) are:

(a) the level of damages awarded for personal injuries by—

(i) courts in the State, and

(ii) courts in such places outside the State as the Committee or the Board, as the case may be, considers relevant;

(b) principles for the assessment and award of damages for personal injuries determined by the High Court, the Court of Appeal and the Supreme Court;

(c) guidelines relating to the classification of personal injuries;

(d) the need to promote consistency in the level of damages awarded for personal injuries;

(e) such other factors that the Committee or the Board, as the case may be, considers appropriate including factors that may arise from any records, documents or information received, consultations held, research conducted or conferences, seminars or meetings organised (as referred to in section 18(7)).