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Legislative Assembly for the ACT: 2002 Week 4 Hansard (9 April) . . Page.. 849 ..

MR QUINLAN (continuing):

move in a direction not supported by other states and territories. It would be equally unwise to ignore what is happening in other jurisdictions.

Some of the knee-jerk solutions promoted by individuals and groups say more about their economic interests or their economic need than about solving the problem in the longer term.

As I said, the ACT government fully recognises that it cannot act alone. The ministerial meeting on public liability insurance I attended on Wednesday, 27 March-together with Commonwealth, state and territory ministers, as well as local government representatives-gave the territory an opportunity both to be heard and to participate in a joint exploration of a possible concerted approach to resolution of some of the issues we face. The government has agreed to participate fully in the future agenda outlined in the joint communique released following that meeting. For the information of the Assembly, I table a copy of that joint communique.

Importantly, the Commonwealth has realised that it has a role in contributing to a consistent national approach. It has agreed to introduce changes to tax laws to facilitate the use of structured settlements. This will assist in the management of claims arising out of medical indemnity as well as public liability. In addition, the Commonwealth will examine possible changes to the Trade Practices Act to allow individuals to legally and confidently assume personal responsibilities for high-risk activities. An example of those is adventure tourism, an important and growing segment of the ACT tourism industry.

The Commonwealth will also consider widening the scope of data collection by APRA, the Australian Prudential Regulatory Authority, the main industry regulator.

For its part, the ACT government has agreed to work with the Commonwealth, the states, and the Northern Territory to examine possible legislative changes that are necessary to remove barriers to structured settlements as an alternative to lump sum payouts.

Subject to evidence that changes will increase affordability and availability of cover, we will examine possible options for targeting claims cost reduction by, for example, protecting volunteers, community and appropriate sporting organisations from legal action. We will examine the possibility of broadly based tort reform. We will examine legal system costs and practices.

We will examine the relevant sections of the territory legislation to consider the extent to which individuals can legally and confidently assume personal responsibility for high-risk activities. We will encourage group insurance buying where appropriate and, where possible, collect data on claims and cost to provide to the heads of treasuries working groups-the HOTS, as they call themselves.

We are fully represented on the heads of treasuries working group, and I am pleased to announce that it will now include the Commonwealth and local government, reflective of the sound consensus that was achieved at the summit. I have instructed my office to continue their work in the working group and to report to me as developments arise.

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