Page 949 - Week 03 - Thursday, 10 April 2014
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We are not asking Canberrans to pay a premium for costs that are additional to or unreasonable for the efficient and prudent management of the proposed scheme. The bill contains a number of provisions that have been interpreted to be cost saving measures but whose genesis is, in fact, policy based. I can assure members that this bill does not prevent a participant from seeking legal advice.
In fact, the government recognises that for disputes about whether a person’s injury is a motor accident injury there may be benefit in seeking legal advice and having that legal advice paid for by the scheme. As such, division 7.2 allows for the reasonable legal costs to be paid by the commissioner in relation to motor accident injury disputes.
This bill protects fundamental family relationships by not unnecessarily tying family members with the burden of caring for a catastrophically injured family member. The bill does this by providing an opportunity and capacity to access paid professional carers rather than having to rely on a family member.
When family members are paid to provide care, undesirable circumstances may arise where the carer becomes financially dependent on the injured person, continuing to live with them in order to maintain their own income stream. The needs of the injured person may change in such a way that the family member cannot provide adequate care or, alternatively, the family member may become ill or, with age, no longer be able to perform the care that the injured person requires.
Of course, it is important to stress that the bill provides discretion to pay family members in special circumstances. If a family member does provide care to an injured person, usually by choice, a payment can be made in special circumstances, such as where this is due to the geographical location of the injured person or for cultural or severe mental health reasons when only a family member can provide the care.
The scheme established by the bill represents the first time that the government has been able to offer broad access on a no-fault basis to a scheme that provides those catastrophically injured in a motor vehicle accident on ACT roads after the commencement date, 1 July 2014, with the certainty that their treatment and care needs will be met for life—I repeat: that their treatment and care needs will be met for life.
It will provide universal and consistent cover for eligible persons which will mirror that that is available to those catastrophically injured in a motor accident just across the border in New South Wales. For the benefit of the shadow treasurer, having that consistency with New South Wales is important. That is why there was an exchange of letters—correspondence—between the Chief Minister and the New South Wales Premier in relation to the operation of this scheme.
It was on the basis of the exchange of letters that I made the public statements that I did. I have no reason at all to doubt the integrity of the New South Wales Premier that when he commits in-principle support to such arrangements that he means that. All indications are at officials level that the New South Wales and ACT officials are working very well together to establish this scheme.
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