Law Practice Certificates are required in personal injury claims and workers’ compensation claims from 31 October 2022.

The Personal Injuries Proceedings and Other Legislation Amendment Act 2022 (QLD) has now fully commenced. The Act has a number of important implications for personal injury proceedings, motor vehicle accident claims, and workers’ compensation claims in Queensland. See the previous By Lawyers News and Updates post: Personal Injuries – QLD.

Claim farming prohibited

The Act amends both the Personal Injuries Proceedings Act 2002 and the Workers’ Compensation and Rehabilitation Act 2003 to address the practice of claim farming.

Claim farming is mainly where a third party approaches potential clients to pressure them into making a compensation claim for personal injuries. Claim farmers sell the clients’ information to a legal practitioner, or claims management service provider, to bring the claim. It can also occur when lawyers make direct approaches to injured persons or inappropriately seek referrals.

Law Practice Certificates

The amendments introduce a requirement for practitioners acting in personal injuries and workers’ compensation matters to certify to claimants and respondents or insurers, at various stages of claims, that claim farming has not occurred.  This certification takes the form of a Law Practice Certificate which must be given to the claimant and the respondent/insurer before the claim commences, or shortly after the lawyer becomes instructed if the claim is already on foot, and at other stages of the proceedings such as when advising on a settlement.

Failing to provide a Law Practice Certificate when required and providing a false or misleading certificate are offences.

The obligation to provide Law Practice Certificates already exists under Division 2A of the Motor Accident Insurance Act 1994. These amendments bring the requirements for common law and workers’ compensation claims into line with motor vehicle accident claims. The form of the certificate previously used for motor accident claims has been replaced with a newly approved version, which must be used for all three types of claims.

Publication updates

Relevant amendments have been made to the commentaries in the By Lawyers Queensland Personal Injury, Workers’ Compensation, and Motor Vehicle Accident Claim publications.

Law Practice Certificate forms are being finalised and will be added to the matter plans shortly.