Page 3882 - Week 13 - Thursday, 17 October 1991
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
LAW REFORM (MISCELLANEOUS PROVISIONS)
(AMENDMENT) BILL 1991
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (10.33): Mr Speaker, I present the Law Reform (Miscellaneous Provisions) (Amendment) Bill 1991. I move:
That this Bill be agreed to in principle.
This Bill amends the Law Reform (Miscellaneous Provisions) Act 1955. In conjunction with the Compensation (Fatal Injuries) (Amendment) Bill 1991, it will give effect to the recommendations of the ACT Community Law Reform Committee in its third and fourth reports. The Community Law Reform Committee prepared those reports before the change of government. The Assembly has already passed legislation giving effect to the first two Community Law Reform Committee reports, dealing with the Crimes Act and occupier's liability.
In its third and fourth reports the committee recommended a number of important changes to a number of different aspects of actions for damages. Members will recall that the third and fourth reports were tabled in this Assembly yesterday afternoon. In its third report, the committee recommended the abolition of the defence of contributory negligence in breach of statutory duty and fatal accident cases.
The committee also recommended increased compensation for funeral expenses. In its fourth report, the committee recommended the abolition of the action for loss of consortium. The committee also recommended that legislation should be enacted to enable negligently injured people to claim compensation for loss of capacity to do housework.
Two of the draft laws attached to the committee's reports amend the one Act. Accordingly, I have consolidated the draft laws into the one Law Reform (Miscellaneous Provisions) (Amendment) Bill 1991. This consolidated Bill deals with four matters from those two Law Reform Committee reports.
Firstly, the Bill overcomes, in relation to funeral costs, a narrow interpretation of the Law Reform (Miscellaneous Provisions) Act 1955 to provide simple and clear rules about what funeral costs the estate of a negligently killed person may claim. The Bill allows a claim for reasonable compensation for funeral expenses, including the cost of a headstone, funeral notice, church service and undertaker. These rules bring the ACT closer to other Australian jurisdictions.
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .