Page 3436 - Week 12 - Tuesday, 11 October 1994
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could not have those payments terminated because the legislation will apply from the day that it is enacted and will apply to injuries sustained from that date. It will protect those employees who are in receipt of workers compensation payments under the existing provisions of the Act. It will ensure that their interests and their understanding of their entitlements are protected. It is for that reason that I have put the one-year qualifying period in the provisions that are before us this evening.
I understand that that has not necessarily enamoured these amendments to the Insurance Council or the employers, but I can assure both the Insurance Council and the employers that the change to the Barbaro principles has not necessarily enamoured me to the trade union movement. In fact, what I have had to say to them is, "Here is a reasonable compromise". The trade unions were saying, unilaterally, "No change to the Barbaro principles; no termination provision other than court action". The employers were saying that it should be open slather in relation to the length of time that an employee had been subject to workers compensation. I believe that what we have achieved, Mr De Domenico - if I look back upon our debates, discussions and decisions in 1983 - here in 1994 is a reasonable outcome to finalise that process.
This evening I will be opposing the two provisions outlined by Mr De Domenico. We will discuss those in specific terms as we reach the respective amendments. Let me say, however, Madam Speaker, that I value the contribution of Mr De Domenico, as I do the contribution of members of the Workers Compensation Monitoring Committee - specifically, the two officers from my administration who are assisting me this evening. I do so because a number of the amendments proposed by the Opposition and the Government are exactly the same. That is a product of the fact that we are talking to the same people. I acknowledge, Mr De Domenico, that I have accepted a number of the amendments that you have drafted. I will, in fact, be moving them as Government amendments to the Bill.
Mr Kaine: You obviously got it wrong the first time.
MR LAMONT: No. Mr Kaine, because of comments that you have made in this house in previous weeks I have had occasion to review legislation that you introduced when you were, unfortunately, foisted on the people of the ACT as Chief Minister. I have looked at the legislation and the amendments to that legislation that were necessary. I would suggest that you not say too much more; I would suggest that you not make too many more comments, or I will need to table your record in terms of the amendments required to legislation that you introduced.
I will not say too much more this evening, because these amendments reflect, I believe, a genuine consultation process. I hope that, after this evening's debate is concluded and these amendments are either accepted or rejected by this house, we can then look forward to reviewing the Act again to ensure that it remains relevant - relevant to not only the employees who are covered by the Act but also the employers and insurers who are required to carry out their obligations under the Act. In this in-principle stage I give one undertaking to those people who are listening, particularly the representatives of the Insurance Council and the insurers. I will not allow the Workers' Compensation Act in the ACT to fall into the disrepair that it was allowed to fall into in the period leading up
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