Page 3444 - Week 12 - Tuesday, 11 October 1994
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
MADAM SPEAKER: Yes, they do. You either divide the question or move an amendment.
MR LAMONT: Madam Speaker, I propose that the question on subsection (2) and subsection (3) in Mr De Domenico's amendment be divided and be voted on in that order.
Ordered that the question be divided.
MS SZUTY (9.07): I have been following this debate rather intently. I think Mr De Domenico's amendment is somewhat unnecessary. However, when I look at new section 15B, which is about occupational rehabilitation, it contains subsection (2), which states:
The provision of occupational rehabilitation to a worker shall not be taken to be an admission of liability in relation to the worker's claim for compensation.
It could be argued that all Mr De Domenico is doing is reiterating that particular provision in the termination provision of section 26C. However, on balance, I believe that it is not necessary to have it there; so, I will oppose the amendment.
MADAM SPEAKER: The question is: That the addition of proposed subsection 26B(2) in Mr De Domenico's amendment be agreed to.
Question resolved in the negative.
MADAM SPEAKER: The question is: That the addition of proposed subsection 26B(3) in Mr De Domenico's amendment be agreed to.
Question resolved in the affirmative.
MR DE DOMENICO (9.08): Madam Speaker, I move:
Page 4, lines 24 to 29, proposed subsection 26C(1), omit the proposed subsection, substitute the following subsection:
"(1) An employer may, subject to arbitration in accordance with Schedule 4, terminate or vary weekly compensation payments to a worker by notice to the worker in accordance with subsection (2) if, in the opinion of the employer's insurer or, in the case of an exempt employer, the employer, based on reasonable grounds, the worker is no longer entitled to receive the payments.".
Madam Speaker, as Mr Lamont said before, I am delighted to have this opportunity to participate in the debate on this Bill, especially this clause, particularly as some of the issues have been under discussion without resolution for over 12 years. Since the 1951 ordinance there have been only limited changes to the legislation, as Mr Lamont said before. Other States and Territories have undertaken reviews of their legislation which, in some instances, have been quite radical.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .