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Legislative Assembly for the ACT: 1999 Week 13 Hansard (9 December) . . Page.. 4268 ..
The Assembly voted -
AYES, 8 NOES, 9 Mr Berry Ms Carnell Mr Corbell Mr Cornwell Mr Hargreaves Mr Hird Mr Kaine Mr Humphries Mr Quinlan Mr Moore Mr Stanhope Mr Osborne Ms Tucker Mr Rugendyke Mr Wood Mr Smyth Mr Stefaniak
Question so resolved in the negative.
MS TUCKER (2.37 am): I move a further amendment:
Page 9, line 12, after proposed new paragraph 10 (1) (f), insert the following paragraph:
"(g) if the criminal injury is, in the court's opinion particularly serious and has persisted for a considerable period, or is likely to persist indefinitely or for considerable period-special assistance by way of reasonable compensation for pain and suffering in an amount of no more than $50,000.".
My amendment will solve the problem tonight. I am hoping that the Government and Mr Rugendyke and Mr Osborne did not support my first amendment because they realised after listening to the debate that this is such an incredibly embarrassing situation that they are going to support this amendment that will address the broad issues raised in this debate. We have a piece of legislation that is totally ad hoc.
We have a list devised by a person in the Assembly who has an allegiance to a particular group. It has been plucked out of larger groups that also have needs - groups such as women suffering domestic violence, sexual assault. He has got this list. It is looking really bad. The Government is very uncomfortable with it. So they are going to support my amendment, because it will fix it up and we will come out of this place with some credibility. We will not be the laughing stock.
That is why Mr Rugendyke probably just did not speak. He is going to speak now and explain that he has listened to the argument and is going to fix it up. So, I look forward to that. What this amendment says is if the criminal injury is, in the court's opinion, particularly serious, has persisted for a considerable period, or is likely to persist indefinitely or for a considerable period, there will be special assistance, by way of reasonable compensation for pain and suffering in an amount of no more than $50,000. That means people will be supported according to their need, not according to the people they know.
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