Page 4952 - Week 15 - Thursday, 8 December 1994
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
2
MADAM SPEAKER
ON 26 AUGUST 1993 I INTRODUCED INTO THE LEGISLATIVE ASSEMBLY A BILL TO AMEND THE CRIMINAL INJURIES COMPENSATION ACT 1983. THE STANDING COMMITTEE ON LEGAL AFFAIRS RESOLVED TO INQUIRE INTO THE BILL IN SEPTEMBER 1993. HOWEVER, ITS REPORT WAS NOT DELIVERED UNTIL OCTOBER OF THIS YEAR.
THE BASIC PURPOSE OF THE BILL WAS TO PROVIDE THAT COMPENSATION WAS NOT TO BE AWARDED UNLESS THE COURT WAS SATISFIED THAT IT WOULD BE JUST AND EQUITABLE TO AWARD COMPENSATION, AND TO EMPHASISE THAT THE COURT HAS A DISCRETION AS TO WHETHER TO AWARD COMPENSATION FOR AN INJURY RESULTING FROM AN OFFENCE.
IN MAKING ITS DECISION THE COURT WOULD BE REQUIRED TO HAVE REGARD TO WHETHER THE OFFENCE HAD BEEN THE SUBJECT OF A PROSECUTION. THE INTENTION WAS TO FOCUS THE ATTENTION OF THE COURT ON THE QUESTION OF WHETHER THE OFFENCE IS SERIOUS ENOUGH TO JUSTIFY THE EXPENDITURE OF TAXPAYERS FUNDS ON COMPENSATION.
THE BILL ALSO PROVIDED THAT, IN THE ABSENCE OF A PROSECUTION, COMPENSATION WAS NOT TO BE PAYABLE FOR CATEGORIES OF INJURY SPECIFIED IN THE REGULATIONS - IN PARTICULAR SPORTING INJURIES AND INJURIES CAUSED BY ANIMALS.
4952
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .