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Legislative Assembly for the ACT: 2008 Week 4 Hansard (10 April) . . Page.. 1397..


have had an accident due to a sudden health related complaint, for example a heart attack or seizure.

Mr Stanhope: The answer to the member's question is as follows:

(1) No product disclosure statement is required for compulsory third party (CTP) insurance policies in any Australian jurisdiction because CTP insurance is classed as a wholesale rather than a retail insurance product for the purposes of the relevant provisions of the Corporations Act 2001 (Commonwealth). The terms of the ACT CTP policy are set out in section 5 of the Road Transport (Third-Party Insurance) Regulation 2000.

(2) CTP insurance indemnifies a motorist against liability for any bodily injury to another person. That indemnity arises only when there is negligence (commonly referred to as fault) on the part of the motorist. In any situation where fault cannot be established, claims made will not be sustained. Establishing fault is the cornerstone of negligence liability under the common law and the ACT CTP scheme invokes the common law and through that, the Courts as the independent arbiters of fault.

(3) The ACT Government receives annual returns from insurers for the various classes of general insurance in relation to the reporting elements delineated in section 203 of the Civil Law (Wrongs) Act 2002. The responsible Minister has an obligation to report annually to the Assembly pursuant to section 205 of the Civil Law (Wrongs) Act 2002. The most recent returns were tabled in the ACT Legislative Assembly on 15 November 2007. However, the Government does not obtain or keep records of individual claims.

(4) The Road Transport (Third-Party Insurance) Act 2008 requires insurers to pay any injured person (but not an at-fault driver) up to $5,000 for immediate medical and rehabilitation treatment, irrespective of fault. The Act was passed by the Assembly on 12 February 2008. The Government has no plans to move to a system of "No Fault"motor accident compensation; however, the new Act (which is yet to commence) includes a provision requiring it to be reviewed after it has been in operation for three years. This will provide the appropriate mechanism for examining any significant changes or extensions to the new Scheme.

Public service—websites

(Question No 2013)

Mr Smyth asked the Treasurer, upon notice, on 2 April 2008:

(1) How much money has been spent on website design, development and maintenance, including webhosting and security, if applicable, for the Department of Treasury in the 2007-08 financial year to date;

(2) How much money was spent for those items outlined in part (1) in the (a) 2004-2005, (b) 2005-2006 and (c) 2006-2007 financial years.

Mr Stanhope: The answer to the member's question is as follows:

I am not prepared to authorise the use of the very considerable resources that would be involved in providing the detailed information required to answer the Member's question.


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