Page 3652 - Week 08 - Friday, 24 August 2012

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Proposed new clause 16A.

MS HUNTER (Ginninderra—Parliamentary Leader, ACT Greens) (5.52): I move amendment No 9 circulated in my name [see schedule 4 at page 3687].

The amendment inserts new clause 16A and, as well as amendments 10 through to 13, responds to the concerns raised by the Human Rights Commission that the exclusion of costs for claims below $30,000 where the $30,000 excludes non-economic loss potentially operates as an indirect discrimination against certain groups in the community who are more likely to have lower incomes. The amendments propose to do this by excluding children and those on commonwealth concession cards and provide that they can receive up to $5,000 in legal costs. I again reiterate the complexity of legal costs and the need for a more considered valuation of how best we can address the issue.

I will say also that this group of amendments covers what has become known as the Furler amendment. In a policy sense, let me say that the Greens would prefer that we did not have a scheme that distinguished between the different heads of damage, but at this point in time we are not able to comprehensively deal with the question of costs. To avoid a significant cost increase in the scheme—the information we have from the government is that it would add about $45 a year to premiums—we will be agreeing to the Furler amendment and ensuring that we look after the particular groups in the community at the same time. These are the groups that are most likely to be impacted by that change, and excluding concession card holders and children will ensure they are not impacted.

As I said in the in-principle debate, the Greens do not want to add any costs to the scheme, but we believe that it can work better. Amendment No 13 also covers the issue raised earlier in the Liberals’ amendment No 1. The amendment places a higher obligation on parties to ensure they do the right thing during the negotiation process.

MR BARR (Molonglo—Deputy Chief Minister, Treasurer, Minister for Economic Development and Minister for Tourism, Sport and Recreation) (5.55): The government will support this amendment. This is a fairly important element within the legislation and one that I understand has been the subject of considerable negotiation over many hours. We believe this is a workable outcome, and we will be supporting this amendment.

Proposed new clause 16A agreed to.

Clause 17.

MS HUNTER (Ginninderra—Parliamentary Leader, ACT Greens) (5.55): I move amendment No 10 circulated in my name [see schedule 4 at page 3687].

As I said in my speech to the previous amendment, this responds to concerns raised by the Human Rights Commission about exclusion of costs for claims below $30,000


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