Page 2069 - Week 05 - Thursday, 6 May 2010

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(4) In relation to the cases referred to in part (3), what is the (a) case title or titles and in which tribunals or courts was the litigation heard and the outcome of the cases, (b) how much money was spent for ACT Health’s legal representation, (c) how much was paid in damages for each case if damages were awarded, (d) how much was spent in relation to meeting court costs and litigation costs if so ordered and if not included in part (4)(c).

(5) How much was spent in (a) the last five financial years and (b) this financial year to date by, for or on behalf of ACT Health in relation to investigations for matters that either do or do not eventuate in a claim.

(6) What have the investigations referred to in part (5) related to.

Ms Gallagher: I am advised that the answer to the member’s question is:

(1)

These amounts reflect payments made by ACT Health, and on behalf of ACT Health, by the ACT Insurance Authority (ACTIA), for litigated matters only. They do not include costs incurred in investigating matters which do not eventuate in a claim and are shown gross of reinsurance recoveries and agency insurance excess payments. The amounts include medical negligence, public liability, professional indemnity and directors and officers claims.

(2)

These amounts reflect payments made by ACT Health, and on behalf of ACT Health, by the ACTIA, for litigated medical negligence matters only. They do not include costs incurred in investigating matters which do not eventuate in a claim and are shown gross of reinsurance recoveries and agency insurance excess payments. The amounts include both damages and plaintiffs' legal costs as ACT Health and ACTIA’s databases do not make that distinction. In some instances, matters are settled inclusive of plaintiff’s legal costs therefore no breakdown between damages and plaintiffs' legal costs is available.

(3) To respect the privacy and confidentiality of the individuals concerned, ACT Health will not release any details which may identify them.

(4) (a) All three matters were brought before the ACT Supreme Court and amicably settled via a confidential deed with the consent of the court.

(b)

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