Page 1617 - Week 05 - Tuesday, 14 May 2019

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Magistrates Court and so would not apply to regulating applications or disputes heard by the ACAT. The Legal Profession Act 2006 deals only with obligations on lawyers to provide cost disclosures; it does not regulate legal costs. Through the proposed regulation-making power the scheme can meet this objective by prescribing appropriate legal costs and fees payable by applicants and insurers. Before the regulation is made, consultation will take place to assist with the development of the regulation.

MS LE COUTEUR (Murrumbidgee) (5.41): The Greens do not agree with the Liberals; we will be supporting the clause. As Mr Barr said, the effect of the Liberals’ opposition is to remove the power for a regulation to prescribe legal costs and fees payable by applicants and insurers in relation to applications for defined benefits, including in relation to dispute resolution.

The Greens do not see any major problems with the concept that lawyers’ fees can be regulated. The idea of this legislation is to get a good outcome for injured people and ensure that more money goes to injured people. If, as a consequence, less of that goes to lawyers, so be it. The aim of the exercise is to get more money into the pockets of injured people by covering the cost of medical expenses and income replacement.

We do not think injured people should be paying excessive amounts for legal services. I understand the government will do extensive consultation before it develops any regulation along these lines. I certainly think the government should do that, and I am sure the legal profession will hold them to that commitment.

MR COE (Yerrabi—Leader of the Opposition) (5.42): I reiterate that legal costs and charges are already regulated under the Legal Profession Act 2006 and the Court Procedure Rules. This is not a new thing. What is odd is that we are putting subordinate legislation above the primary act.

Question put:

That that clause 200 be agreed to.

Question resolved in the affirmative.

Clause 200 agreed to.

Clause 201 agreed to.

Chapter 3, including clauses 202 to 217, by leave, taken together.

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