Page 3699 - Week 12 - Thursday, 13 October 1994
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MATTER OF PUBLIC IMPORTANCE
Withdrawal
MADAM SPEAKER: I inform members that Mr De Domenico has withdrawn the matter of public importance submitted for discussion.
LEGAL AFFAIRS - STANDING COMMITTEE
Report on Criminal Injuries Compensation (Amendment) Bill 1993
MR HUMPHRIES (6.05): I present report No. 7 of the Standing Committee on Legal Affairs on the inquiry into the Criminal Injuries Compensation (Amendment) Bill 1993, together with extracts from the minutes of proceedings. I move:
That the report be noted.
Madam Speaker, the Criminal Injuries Compensation (Amendment) Bill presented a significant problem for the Legal Affairs Committee. It was a difficult Bill in many respects. The chief problem we had was that all the submissions that we received in the committee were hostile to this legislation. There was clearly strong opposition to the intention of the legislation from groups such as sporting organisations, from lawyers representing their clients and from others. Also, the Assembly was aware of significant changes in the philosophy of the criminal injuries compensation scheme, which it felt should be considered very carefully by the committee.
The Government admitted, when it originally tabled this legislation in August of last year, that it believed that the courts of the Territory were departing from the essential principles under which the criminal injuries compensation scheme had been established. It was the belief of the Government that this needed to be addressed. The Minister said in his presentation speech:
In another case currently before the courts, a man is claiming compensation for an injury he received as a result of accidentally being struck by a child on a bicycle. The Government is concerned that these sorts of claims under the scheme are increasing. We have a responsibility to contain the cost of the scheme and to ensure that its original purpose in compensating victims of violent crime is observed by the courts.
Hence, a number of limitations on the current operation of the Act were proposed in the Bill. The Government suggested that there was, in effect, a floodgate opening and that there would need to be some action to close that floodgate, lest many sorts of unwarranted claims be made.
Madam Speaker, a majority of members of the committee had a problem with the issues that this gave rise to. First of all, we acknowledged that the principles under which the scheme has operated for some years were, unquestionably, being watered down by this Bill. The scheme has been in operation in the ACT for in excess of 10 years.
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