Page 1614 - Week 05 - Tuesday, 14 May 2019
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
that particular decisions made by an insurer should only be reviewed by an independent body like ACAT, due to the nature or process that has already occurred. Having these decisions externally reviewable only means they can be more quickly decided by ACAT without first having to be subject to an internal review. We agree with that assessment and will support the government’s amendment.
Amendment agreed to.
Clause 183, as amended, agreed to.
Clause 184.
MR COE (Yerrabi—Leader of the Opposition) (5.31): I move amendment No 49 circulated in my name [see schedule 1 at page 1640]. Through this amendment we are seeking to substitute clause 184(3)(a) with the words “the applicant satisfies the insurer that they have a reasonable excuse for the delay”. This will allow some late applications to be accepted where there is a reasonable explanation.
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) (5.31): I will not be supporting this amendment, for the reasons I outlined with regard to amendments Nos 4 and 13. The full and satisfactory explanation is a well-established concept that is supported by case law and used in the New South Wales scheme.
MR COE (Yerrabi—Leader of the Opposition) (5.32): In light of what the Chief Minister has said, why do we not remove all ambiguity and include it in the legislation?
Amendment negatived.
Clause 184 agreed to.
Clauses 185 to 187, by leave, taken together and agreed to.
Clause 188.
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) (5.33): I move amendment No 38 circulated in my name [see schedule 2 at page 1655]. This amendment will ensure that an injured person is not disadvantaged where the timing of a decision may affect the injured person’s eligibility for a common-law claim or a medical treatment payment.
Amendment agreed to.
Clause 188, as amended, agreed to.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video