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Legislative Assembly for the ACT: 2008-2009 Week 1 Hansard (9 December) . . Page.. 144..


Ayes 5

Noes 10

Mr Coe

Mr Barr

Mr Hargreaves

Mr Doszpot

Ms Bresnan

Ms Hunter

Mr Hanson

Ms Burch

Ms Le Couteur

Mr Seselja

Mr Corbell

Ms Porter

Mr Smyth

Ms Gallagher

Mr Rattenbury

Question so resolved in the negative.

Road Transport (Third-Party Insurance) Amendment Bill 2008 (No 2)

Ms Gallagher, by leave, presented the bill, its explanatory statement and a Human Rights Act compatibility statement.

Title read by Clerk.

MS GALLAGHER (Molonglo—Treasurer, Minister for Health, Minister for Community Services and Minister for Women) (6.48): I move:

That this bill be agreed to in principle

This bill puts forward for the consideration of members a series of technical amendments to the Road Transport (Third-Party Insurance) Act 2008. The amendments modify the time restrictions that apply to people injured in a motor accident who decide to make a compulsory third-party insurance claim against the nominal defendant. They also align the principles on time restrictions on making CTP claims so that claims arising from insured or uninsured accidents are subject to the same conditions.

Every person who owns a motor vehicle in the ACT must have CTP insurance. No-one can register a motor vehicle in the ACT without also taking out CTP insurance. CTP insurance is one of those things that everyone pays for but few people know much about it. I think it might be a good idea if I inform the Assembly what CTP insurance actually is, how it works and what it covers. This information will help members put the amendments I present today in the appropriate context.

In basic terms, CTP insurance provides compulsory, statutory protection for anyone injured in a motor accident through someone else's negligence. Compensation is either agreed between the claimant and an insurer or is otherwise determined by a court. This is known as a fault-based common law scheme of statutory insurance. In the ACT that protection also provides no-fault access to the first $5,000 in medical expenses incurred by almost every accident victim.

The scheme is privately underwritten. The government does not fund the CTP scheme. It receives no tax income from the scheme but it regulates the scheme. Part of that regulation responsibility entails the establishment and administration of controls on


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