Family Leave and Miscellaneous Provisions Act 2021

Amendment of section 20 of Personal Injuries Assessment Board Act 2003

31. Section 20 of the Personal Injuries Assessment Board Act 2003 is amended by—

(a) in subsection (4), the substitution of “Subject to subsection (5), an assessment shall be made” for “An assessment shall be made”, and

(b) the insertion of the following subsection after subsection (4):

“(5) In making, on or after the date of coming into operation of section 99 of the Judicial Council Act 2019 , an assessment in relation to a relevant claim of the amount of damages for personal injuries the claimant is entitled to, assessors shall—

(a) have regard to the personal injuries guidelines (within the meaning of that Act) in force, and

(b) where they depart from those guidelines, state the reasons for such departure and include those reasons in the assessment in writing under section 30(1).”.