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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3447 ..
MR BERRY (continuing):
This amendment to proposed section 11D relates to the six and three years controversy which we have had to confront. The government reduced the period for compensation claims from six to three years. The problem with this, as far as I can see, is the occurrence of latent diseases. One classic which comes to mind is mesothelioma but other cancers and other illnesses and injuries could, of course, emerge some time after they occur.
The government argued that there was provision for workers to proceed with workers compensation claims in respect of illnesses that emerge later in a person's life. My view is that we should include something that basically says that, rather than relying on an anticipation that the courts will allow workers to proceed if such a matter were brought to their attention. My amendment seeks to include subparagraph (ii), which reads:
if the worker was not aware of the injury when it happened-within 3 years after the worker became aware of the injury; or
I understand the government has agreed with this; I think the government has agreed with this; I used to think they agreed.
MR SPEAKER: Minister, you are being asked a rhetorical question.
MR BERRY: I think you agree with this.
Mr Smyth: Sorry. I think the answer would be yes.
MR BERRY: Well, that was pretty definite.
Mr Berry's amendment agreed to.
MR BERRY (10.19): Mr Speaker, I move my amendment 7 [see schedule 4, gold sheet, at page 3542], which seeks to omit proposed new section 11E in Mr Smyth's amendment 19.
Mr Speaker, what I am seeking to do is remove proposed section 11E, which used to be regulation 93. So that members understand what the issue is about, I will read proposed new section 11E. Under the heading "Time for making claim under pt 4.4", the proposed section states:
(1) A claim for compensation payable under part 4.4 (Compensation for permanent injuries) in relation to an injury may not be made earlier than 2 years after the injury.
(2) However, the claim may be made earlier than 2 years after the injury if-
(a) the Magistrates Court allows the claim to be made; or
(b) the injury has stabilised.
(3) The Magistrates Court may allow the claim to be made earlier than 2 years after the injury only if satisfied that an early application is justified by the severity of the injury or the prospect of the worker's imminent death.
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