Personal Injuries Proceedings and Other Legislation Amendment Bill 2022

Introduced: 31/3/2022By: Hon S Fentiman MPStatus: PASSED with amendment

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced31 Mar 2022View Hansard
First Reading31 Mar 2022View Hansard
Committee31 Mar 2022 – 21 June 2022View Hansard

Referred to Legal Affairs and Safety Committee

Second Reading21 June 2022 – 22 June 2022View Hansard
16 members spoke13 support3 mixed
11.42 amMs BUSHSupports

Supported the bill, particularly the reforms to terminal benefits payments and the extension of the eligibility period.

It is my hope that this will bring a sense of relief to those affected by this proposal.2022-06-22View Hansard
11.28 amHon. SM FENTIMANSupports

As Attorney-General, moved the second reading and commended the bill, highlighting its objectives to stop claim farming, prevent undesirable costs agreement practices, and ensure terminally ill workers receive compensation when needed.

I want to end my contribution today by assuring parliament that the claim-farming amendments included in the bill will not affect the rights of genuinely injured Queenslanders to access justice.2022-06-21View Hansard
11.43 amMs BOLTONSupports

Supported the bill after writing a dissenting report seeking a five-year terminal payout timeframe, which the minister agreed to amend.

I thank the minister for responding to this and rectifying, through amendments, not only the time frame but also the retrospective nature of it.2022-06-22View Hansard
11.45 amMr NICHOLLSMixed

Supported the bill's objectives on claim farming and costs agreements but heavily criticised the government's drafting, late amendments, and the handling of terminal compensation provisions, describing the bill as a 'shemozzle'.

While some of these objectives, such as stopping claim farming and preventing undesirable costs agreements, are sensible and desirable, they are handled poorly in this bill as it was presented to this House.2022-06-21View Hansard
11.52 amHon. G GRACESupports

Strongly supported the bill as Minister for Industrial Relations, highlighting Queensland as the first workers compensation scheme to legislate against claim farming and the extension to five years for terminal illness benefits.

I am proud that the Palaszczuk government reinstated these rights. We have improved compensation to support workers with coal workers' pneumoconiosis and other work related dust lung diseases.2022-06-22View Hansard
12.15 pmMr RUSSOSupports

As committee chair, spoke in support of the bill and the amendments to be moved, emphasising the need to stop claim farming which causes distress to vulnerable community members.

Submitters on the issue of claim farming unanimously condemned the practice, with Kare Lawyers noting that claim farming is abhorrent, it brings the profession into disrepute, threatens the viability of our insurance schemes, and causes unnecessary distress to potentially vulnerable members of the community.2022-06-21View Hansard
2.00 pmMs KINGSupports

Supported the bill, condemning claim farming practices especially survivor farming targeting abuse survivors, and praising the committee system's effectiveness.

Nothing could be more disgraceful, nothing could be more unethical and few things could be more exploitative than some of these practices.2022-06-22View Hansard
12.25 pmMr BLEIJIEMixed

Indicated the LNP would not oppose the bill but strongly criticised the government for having to repeatedly amend legislation, particularly the Minister for Industrial Relations' handling of terminal compensation provisions.

They cannot even get their amendments right at the time when they are fixing up their mistake from 2019.2022-06-21View Hansard
2.09 pmMs PUGHSupports

Supported the bill's measures to stop claim farming and protect vulnerable people from predatory practices.

They are targeting people when they are at a low point in their life when they need to be protected from insidious and unscrupulous behaviour.2022-06-22View Hansard
12.35 pmMr HUNTSupports

As a committee member, spoke in support of the bill while acknowledging stakeholder concerns about terminal condition provisions and retrospectivity, expressing satisfaction that the government had listened to these concerns.

After hearing these people and hearing the victims through their industrial representatives, I am very pleased to be able to say that the ministers and this government have heard you.2022-06-21View Hansard
2.18 pmMr KRAUSESupports

Supported the bill's measures against claim farming while raising concerns about complexity of the law practice certificate regime.

Claim farming is abhorrent, brings the profession into disrepute, threatens the viability of our insurance schemes.2022-06-22View Hansard
12.44 pmMrs GERBERMixed

Supported the bill's objectives on claim farming but raised key concerns about the complexity of the law practice certificate regime and the handling of terminal workers compensation provisions, criticising the government's 'sloppy' drafting.

I remain very concerned that the legal practice certificate regime, as drafted by this bill, may not achieve its objectives. I urge the government to monitor closely the effectiveness of compliance and enforcement to ensure the bill achieves its objectives of stamping out claim farming.2022-06-21View Hansard
2.26 pmMr POWERSupports

Supported the bill and its measures to combat claim farming and protect workers.

The provisions contained in the bill will prohibit the harassing calls and intimidating behaviour associated with claim farming.2022-06-22View Hansard
12.53 pmMs BUSHSupports

As a committee member, spoke in support of the bill, emphasising the exploitative nature of claim farming particularly targeting survivors of historic child sexual abuse claims.

This is exploitative. We heard no evidence that they are referring victims to support services. What they are doing is referring them to a legal firm to make an application for compensation which they may or may not receive, and if they do receive a payment it will be substantial fees removed for form filling.2022-06-21View Hansard
3.12 pmMr DAMETTOSupports

Did not oppose the bill but criticised the electoral donation cap amendments as potentially harmful to minor parties like KAP.

This is not about creating a level playing field; it is about getting rid of a separate voice in this parliament.2022-06-22View Hansard
3.16 pmHon. SM FENTIMANSupports

As Attorney-General, delivered the reply commending the bill for stamping out claim farming and extending terminal illness benefits to five years.

The bill is a further testament to the Palaszczuk government's commitment to stamp out the insidious practice of claim farming in Queensland.2022-06-22View Hansard
In Detail22 June 2022View Hansard
Third Reading22 June 2022View Hansard
Became Act 13 of 202230 June 2022
This summary was generated by AI and has not yet been reviewed by a human.

Plain English Summary

This is an omnibus bill covering multiple policy areas.

Overview

This bill stops 'claim farming' - where third parties cold-call people to pressure them into making injury claims and sell their details to lawyers. It creates new offences for personal injury and workers' compensation claims, requires law practices to certify compliance, and confirms when workers with terminal conditions can access lump sum compensation.

Who it affects

Injury claimants are protected from predatory solicitation. Law practices must certify they haven't engaged in claim farming. Workers with terminal conditions can access compensation when their life expectancy is 3 years or less. Political parties have new disclosure requirements for electoral committees.

Claim farming prohibition

Bans the practice of cold-calling people to solicit injury claims and paying for referrals of claimants to lawyers.

  • Two new offences: paying/receiving for claimant referrals, and cold-calling to solicit claims
  • Maximum penalties of 300 penalty units ($43,000+) or 2 years imprisonment
  • Special investigators can compel documents and examine persons under oath
  • Information sharing between Legal Services Commissioner, Workers' Compensation Regulator, and Motor Accident Insurance Commission

Law practice compliance

Ensures lawyers certify they haven't engaged in claim farming and clarifies legal fee calculations.

  • Law practice certificates required when claims are made and settled
  • Certificates must confirm no claim farming and costs agreement compliance
  • 50:50 rule clarified - payments for obtaining instructions count as legal costs
  • Law practices lose all fees if convicted of claim farming offences

Terminal workers' compensation

Confirms when workers with terminal conditions can access lump sum compensation of up to $750,000.

  • Terminal compensation available when life expectancy is 3 years or less from diagnosis
  • Applies to injuries sustained on or after 31 January 2015
  • Workers who already received compensation are not affected
  • Addresses the Blanch decision that expanded access beyond policy intent

Electoral Act amendments

Technical amendments to ensure proper monitoring of political donation caps.

  • Fundraising contributions over $200 treated as political donations for cap purposes
  • Disclosure returns must specify whether gifts are political donations or other gifts
  • Electoral committee names must be included in disclosure returns