Page 2493 - Week 12 - Tuesday, 14 November 1989

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and such devices to move around our city. Those of us who are able-bodied, Mr Speaker, take for granted the opportunities that we have to move effectively and efficiently around our city. People who are not as fortunate as ourselves are forced to rely on mechanical means to get around to the same extent that we do.

It is also important that this amending Bill takes into account the move that we have seen in recent years to develop and increase the facilities for disabled people to move around, particularly in public buildings. Mr Speaker, I will make a comment here on the work of ACROD, an organisation which has made some considerable efforts in the past to provide information to disabled persons in the ACT about public buildings within Canberra. This work, of course, applies all over Australia, and ACROD has done this with the assistance of service organisations and service clubs. I commend both ACROD and the service organisations that assist it in that area for their work.

There was one matter that Mr Wood alluded to in his comments. It relates to the question of the third party personal injury aspects of the Bill, particularly now that it allows wheelchairs to operate in areas that are going to be used by pedestrians. There are going to be bikes, children and various other aspects that may cause some problems for these particular people. It is apparent to us that vehicular wheelchairs are to be defined as not being vehicles; they are to be de facto pedestrians. Now wheelchairs, for the purposes of this legislation, are defined as pedestrians, and we should ensure that disabled people are aware of their responsibilities to take out some public liability insurance for the damage to persons or property caused by, for example, a runaway wheelchair.

We enjoin the Government to ensure that wide publicity is given to this amendment, when it is put into place, concerning the responsibility of these people to ensure that they have coverage to avoid the possible problems associated with damage to either property or other persons by circumstances beyond their control. For example, a person who operates a wheelchair might be taken suddenly ill while operating that particular facility on a bike path or in a pedestrian area. The person might be unable to control the wheelchair and it might get away and cause some damage to people or property.

Mr Speaker, it is appropriate, I would suggest, for people to be aware that they have a responsibility in this area so that, as well as being disabled or possibly injured in this particular case, they are not subject to considerable litigation brought against them by people who seek to be recompensed for the damage caused to them or their property. So in this area we enjoin the Government to ensure that it takes into account and makes sure that disabled people are fully aware of their responsibilities in this area.


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