Page 1615 - Week 05 - Tuesday, 14 May 2019

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Clause 189.

MR COE (Yerrabi—Leader of the Opposition) (5.34): Given that it is likely that Mr Barr’s amendment will get up, I will not move my amendment No 50. My amendment would allow for ACAT to review any internally reviewable decisions of the insurer. That is certainly our preference, but we will have to make do with what Mr Barr is proposing.

Amendment agreed to.

Clause 189, as amended, agreed to.

Clauses 190 to 194, by leave, taken together and agreed to.

Clause 195.

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) (5.35): I move amendment No 40 circulated in my name [see schedule 2 at page 1656]. The opposition has an amendment on this area as well. Our amendment proposes slightly alternative wording to that proposed by the opposition. Our amendment requires a person to have made an application in good faith and that the ACAT be satisfied that the applicant had an arguable basis for the application. A person who is an applicant in person—that is, without legal representation—will be taken to have had an arguable basis but will still need to have had a good faith reason for the application.

MS LE COUTEUR (Murrumbidgee) (5.36): I note that there are two proposed amendments to this. The Greens are supporting the government amendment to this clause. Clause 195 provides that ACAT may order a party to pay the costs of the other party to an application for external review, and provides for a regulation. The government amendment adds a new requirement that ACAT cannot award costs of or incidental to an application for an external review against an injured person seeking a review of an ACAT reviewable decision where the application for external review is made in good faith and there is an arguable basis for application.

The Liberal amendment takes a different approach. It says that ACAT could not award the costs of an application for an external review against an injured party if they sought review from the ACAT honestly. As the government notes, there is an issue with the Liberal amendment because, even if there is no legitimate purpose for the injured person to be seeking external review but they honestly sought it, costs

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