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Legislative Assembly for the ACT: 2005 Week 15 Hansard (14 December) . . Page.. 4800..


MR SPEAKER: I acknowledge and welcome the presence in the gallery of former MLA Mrs Cross.

Clause 4 negatived.

Proposed new clauses 5 and 6.

MR STANHOPE (Ginninderra-Chief Minister, Attorney-General, Minister for the Environment and Minister for Arts, Heritage and Indigenous Affairs) (11.31): I move amendment No 3 circulated in my name, which seeks to insert new clauses 5 and 6 [see schedule 1 at page 4882].

Section 30B of the Limitation Act establishes a limitation period for causes of action for damages for personal injury in the provision of a health service to a child. My amendment No 3 seeks to omit subsections 30B (6) and 30B (7). These subsections were added to the Limitation Act 1985 by amendments that came into force on 9 September 2003. While the amendments did not abrogate the rights that pre-existed, essentially, I think, in a shorthand fashion, the effect of this amendment is to omit the 2003 amendments, to the effect that the provision only applies to causes of action that arose on or after 9 September 2003. In other words, these particular provisions apply in relation to actions for personal injury for the provision of health services to a child. That is the difference essentially in effect between this and the earlier amendment that I moved.

MR STEFANIAK (Ginninderra) (11.32): Again, the opposition will be supporting this. It effectively supplants the old clause 4, which is now negated, and basically covers people who have a cause of action which relates to something that occurred prior to 9 September 2003. Obviously, everyone affected by personal injuries in the bushfire, that period being from 18 January to about 28 or 29 January, is well and truly covered now. It also has an expiry date because, obviously, after a period of time it will become irrelevant, and that will be some time after 9 September 2009 I would imagine. Accordingly, we support the new clauses.

Proposed new clauses 5 and 6 agreed to.

Title agreed to.

Bill, as amended, agreed to.

Workers' entitlements

MR GENTLEMAN (Brindabella) (11.34): I move:

That this Assembly:

(1) notes:

(a) that the recent "WorkChoices"changes announced by the federal government are designed to reduce workers' entitlements particularly in relation to:


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