www.lawcouncil.asn.au/read/2002/2250505011.html -
[Cached Version]
Published on: 10/2/2002
Last Visited: 3/12/2007
"The New South Wales government's insistence on proceeding with negligence law reform in isolation from the rest of the country is threatening a comprehensive outcome to the issues of insurance affordability and availability," said Law Council of Australia President Ron Heinrich.
Mr Heinrich said, "All other State and Territory governments are taking a sensible approach to law reform by allowing proper consideration to be given to the detailed report and the 61 recommendations presented to governments by the Negligence Review Panel chaired by Justice David Ipp."
"In contrast, the NSW government has announced that it will push on regardless with legislative changes which to date have been inconsistent with the expert advice of Justice Ipp and the separate report by a working party under the aegis of Australian Health Ministers," said Mr Heinrich.
"It is clear that Bob Carr's timeline has far more to do with an impending State election than it does with getting a decent outcome which will serve the interests of NSW and the rest of Australia."
Mr Heinrich was responding to the communiqu from today's meeting of Ministers to consider the report on public liability of the Negligence Review Panel.Mr Heinrich said, "There are real issues about the affordability and availability of public liability insurance, and lawyers, along with doctors, insurers and the community as a whole want to address those issues."
"The Law Council believes that governments should address both sides of the issue, namely the insurance market and the legal system.Governments should also be cautious about taking away individual's rights to compensation when somebody is at fault in causing them harm," said Mr Heinrich.
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Mr Heinrich said, "Restricting legal costs is a good example of how the compensation system can be made more efficient without losing individuals' compensation rights."
The Law Council opposed caps on economic loss, and on pain and suffering."Pain and suffering is real loss, and injuries may be psychological as well as physical.Senator Connan's suggestion that people with depression should "get over" it is unfortunate, and I doubt represents her considered views.We shouldn't exclude the real pain and injuries people suffer, due to somebody else's carelessness or deliberately inflicted harm, from being compensated," concluded Mr Heinrich.