Page 1543 - Week 05 - Tuesday, 14 May 2019
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I note that the Greens have improved this clause between the exposure draft and the presented bill, because a new example of a full and satisfactory explanation will sit in the examples part of the clause. It reads:
An application for defined benefits in relation to a motor accident is delayed because a person injured in the motor accident was not aware of the application process because the person did not receive accurate or timely information about the process.
The idea behind this was to recognise the kinds of challenges injured people may face in putting in an application and also to encourage insurers to disseminate information about how to make a CTP application. The definition of “full and satisfactory explanation” is also flexible enough to acknowledge that injured people may experience delays due to their injuries. It already has the concept of legal reasonableness to accommodate this. Decisions to refuse a late application are also reviewable decisions.
MR COE (Yerrabi—Leader of the Opposition) (11.03): From Ms Le Couteur’s comments I gather that on a number of these amendments it is quite likely that Ms Le Couteur and the Greens will be saying that this might not be ideal but it is in place in New South Wales so that is probably okay. Well, I do not think that is good enough, especially when we are talking about such significant legislation and when the victims are facing such massive changes to their livelihoods.
The Greens are willing to be trailblazers on so many issues, yet on something as important as this is for thousands of Canberrans they are simply going to sign up to what other jurisdictions have done, going in blind. That is totally irresponsible and Canberrans deserve much better than just a rubber stamp for the ACT government.
Clause 35 agreed to.
Clauses 36 to 49, by leave, taken together and agreed to.
Clause 50.
MR BARR (Kurrajong—Chief Minister, Treasurer, Minister for Social Inclusion and Equality, Minister for Tourism and Special Events and Minister for Trade, Industry and Investment) (11.04): I seek leave to move amendments to this bill which have not been considered or reported on by the scrutiny committee.
Leave granted.
MR BARR: I move amendment No 1 circulated in my name and table a supplementary explanatory statement to the government amendments [see schedule 2 at page 1643]. This amendment clarifies that an injured person who has made a successful workers compensation application does not need to make an election to remain in their workers compensation scheme. It is a straightforward amendment, and I commend it to the Assembly.
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