Page 3656 - Week 08 - Friday, 24 August 2012
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delete clause 22 from the bill has the effect of gutting the substantive reforms contained within the legislation. Without movement on the discount rate or the threshold, there is no real prospect of significant reform occurring. I understand, and can count, that there will not be nine votes in favour of this change today.
I reiterate the points that I have made previously in relation to the substantive reforms within this bill. A future Assembly will undoubtedly have to revisit this issue. Problems delayed are not problems overcome. I think we can anticipate a compounding of the issues that we are not addressing tonight.
However, given the lateness of the hour and, I think, the desire for people to progress through the rest of the bill so that at least something can be salvaged from this exercise and there can be some improvement, however marginal, in the administration of the scheme and at least one or two of the loopholes closed, then, with great regret, I accept what will be the inevitable outcome of a vote on this clause.
MR SPEAKER: I understand Ms Hunter has an amendment to this clause. I intend to take Ms Hunter’s amendment, which we will then vote on, and then come back to clause 22 after that, as a whole.
MS HUNTER (Ginninderra—Parliamentary Leader, ACT Greens) (6.09): I move amendment No 14 circulated in my name [see schedule 4 at page 3689].
This amendment effectively omits the current clause 22, and I have discussed the reasons for that already. This amendment does retain the guideline-making provision, giving the CTP regulator the power to make guidelines for the award of damages for non-economic loss. There is one slight change. The bill proposes that a court may have regard to these guidelines. We think that the court should always have regard to these guidelines but that the court should have a discretion about the actual application of the guidelines as proposed in this bill.
Amendment agreed to.
Clause 22, as amended, agreed to
Clauses 23 to 26, by leave, taken together.
MS HUNTER (Ginninderra—Parliamentary Leader, ACT Greens) (6.10): We will be opposing these clauses.
Clauses 23 to 26 agreed to.
Clause 27.
MR SMYTH (Brindabella) (6.10): I move amendment No 10 circulated in my name [see schedule 2 at page 3685].
I think it is imperative that regular reviews be made of the progress of these reforms. I recall the critical importance of the review provision I put into the act when it was
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