Page 1624 - Week 05 - Tuesday, 14 May 2019
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Clause 243.
MR COE (Yerrabi—Leader of the Opposition) (6.17): I will be opposing this clause. This amendment removes the restriction on common-law claimants receiving their full loss of earnings for the first year following their accident. This means that claimants can only include in their claim the difference between their full first year loss of earnings and any income replacement payments received as a defined benefits payment during the first year. They can claim from year 2 onwards but not for the first year. Really the only beneficiaries of this provision are the insurance companies who are getting a pretty significant free kick here.
Clause 243 agreed to.
Clause 244.
MR COE (Yerrabi—Leader of the Opposition) (6.18), by leave: I move amendments No 72 and 73 circulated in my name together [see schedule 1 at page 1641].
Amendments negatived.
Clause 244 agreed to.
Clause 245 agreed to.
Clause 246.
MR COE (Yerrabi—Leader of the Opposition) (6.17): I oppose this clause, based on our belief that fortuitous care should be claimable.
Clause 246 agreed to.
Clauses 247 to 254, by leave, taken together and agreed to.
Clause 255.
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) (6.19): I move amendment No 47 circulated in my name [see schedule 2 at page 1657].
This amendment is in recognition of those injured people whose injuries have not stabilised but who need to commence proceedings due to the limitation period on commencing proceedings. Under the bill, before a proceeding may commence a compulsory conference must occur. To allow for proceedings to be lodged, the amendment says that the requirement for the compulsory conference until the injuries have stabilised stays.
Amendment agreed to.
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