Page 1602 - Week 05 - Tuesday, 14 May 2019
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MR COE (Yerrabi—Leader of the Opposition) (4.44): I move amendment No 28 circulated in my name [see schedule 1 at page 1637]. My amendment omits clause 141(4), which specifies if a person refuses a WPI assessment the person’s quality of life benefit application is taken to have been finally dealt with. We think that there are many situations where a person may refuse a WPI assessment that should not automatically exclude them from their assessment or application.
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) (4.45): The government amendments that I have moved—Nos 11 and 12 and the ones that we will come to shortly—provide an alternative pathway to address the issues here. Given that we have passed Nos 11 and 12, and No 13 is coming, Madam Deputy Speaker, we will continue on that path.
Amendment negatived.
Clause 141, as amended, agreed to.
Proposed new clause 141A.
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) (4.46): I move amendment No 13 circulated in my name, which inserts a new clause 141A [see schedule 2 at page 1646]. As I mentioned, the previous amendments, Nos 11 and 12, refine the estimated whole person impairment process to provide an injured person with an option. If an injured person’s estimated WPI is five per cent or more and the injured person is eligible to make a common-law claim, they may either choose to accept the estimated whole person impairment assessment or make that claim and stay proceedings until their injuries have stabilised. This amendment provides a process for proceeding with a common-law claim once the person’s injuries have stabilised.
Amendment agreed to.
Proposed new clause 141A agreed to.
Clauses 142 to 145, by leave, taken together and agreed to.
Clause 146.
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) (4.48): I move amendment No 14 circulated in my name [see schedule 2 at page 1647]. This amendment provides clarity about how the WPI assessment is to be arranged when an injured person is referred to an authorised independent medical examiner provider for whole person impairment assessment after four years and six months, where the injured person chose to wait for their injuries to stabilise.
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