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Legislative Assembly for the ACT: 2002 Week 11 Hansard (26 September) . . Page.. 3347 ..

MR STEFANIAK (continuing):

I thank you for your concession in relation to this matter. It does make the situation clearer. You are quite right; this situation does not occur very frequently in the ACT. I do not think that it will be something that will trouble the courts very much at all, but it is important to get the law right.

Amendment agreed to.

Clause 34, as amended, agreed to.

Clauses 35 to 45, by leave, taken together and agreed to.

Clause 46.

MR STANHOPE (Chief Minister, Attorney-General, Minister for Health, Minister for Community Affairs and Minister for Women) (4.56): Mr Deputy Speaker I seek leave to move together amendments Nos 1 and 2 circulated in my name.

Leave granted.

MR STANHOPE: I move amendments Nos 1 and 2 circulated in my name [see schedule 4 at page 3372].

Mr Deputy Speaker, these amendments modify the operation of section 46 of the bill that confirms that a court can make an independent finding of liability and award of damages. The need for such a bifurcated order may arise where a court makes a finding of liability on a claim for damages, but does not make a separate award for damages because an injury has not yet stabilised.

The amendments make it clear that, at the time the court makes a finding of liability on a claim for damages, it may also make an interim award of damages. That might, for example, cover medical costs properly incurred to date in relation to the claim. The desirability for the amendments became clear in discussions with legal practitioners and the AMA in relation to the bill. These groups suggested that, in relation to bifurcation orders, there should also be the capacity for a court to make an interim award of damages.

Amendments agreed to.

Clause 46, as amended, agreed to.

Clauses 47 to 100, by leave, taken together and agreed to.

Clause 101.

MR STANHOPE (Chief Minister, Attorney-General, Minister for Health, Minister for Community Affairs and Minister for Women) (4.57): I move amendment No 3 circulated in my name [see schedule 4 at page 3372].

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