Page 1593 - Week 05 - Tuesday, 14 May 2019

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Clause 109 agreed to.

Clause 110.

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) (4.01): I move amendment No 6 circulated in my name [see schedule 2 at page 1644]. This amendment absolutely clarifies that mental health treatment is included in medical treatment for the purposes of the definition of “treatment and care”. It was always intended to be. I think it is now made abundantly clear through this amendment that it is, and it removes any doubt about this entitlement.

MR COE (Yerrabi—Leader of the Opposition) (4.02): There certainly was doubt, and the doubt was perhaps well founded. We are pleased to see this amendment.

MS LE COUTEUR (Murrumbidgee) (4.02): The Greens support the amendment.

Amendment agreed to.

Clause 110, as amended, agreed to.

Clauses 111 and 112, by leave, taken together and agreed to.

Clause 113.

MR COE (Yerrabi—Leader of the Opposition) (4.03): I move amendment No 19 circulated in my name [see schedule 1 at page 1636]. The amendment to clause 113(b)(iii) allows for gratuitous care to be claimed. Treatment and care expenses under the bill unfairly exclude gratuitous care provided to the injured person by partners or family members, especially when you have a spouse, parent or son or daughter looking after an injured person. I think it is reasonable that we seek to compensate them for this care. The reality is that many families would rather provide the care themselves than go to an agency, and in those circumstances I think it is appropriate that we seek to compensate them for this care. Therefore, this amendment would allow for a financial value to be attributed to such arrangements.

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) (4.04): The government will not be supporting this amendment. The provision is to apply to any payment that an injured person is not liable to pay, including payments for treatment and care that are paid for by a third party. The provision prevents double dipping for amounts that may have been paid by another scheme—for example, by Medicare—but the injured person produces the same account to the insurer.

Paid care by a trained professional is available under the scheme, where that care is reasonable and necessary. There will of course be circumstances where care or domestic services might be provided by a family member, but this is not proposed to


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