Legislative Assembly for the ACT: 1998 Week 11 Hansard (10 December) . . Page.. 3551 ..
QUESTION ON NOTICE No. 76
Cyclists - Helmets
Mr Stanhope asked the Minister for Urban Services - Given that the legislative requirement that ACT cyclists must wear helmets, has the Government given any consideration to the possibility that a court could find the ACT liable, for brain injury suffered by a cyclist, caused or aggravated by the wearing of a helmet and if so, what is the detail of that consideration.
Mr Smyth - The answer to the member's question is as follows:
Consideration has not yet been given to the possibility of a court finding in favour of a cyclist injured due to the wearing of a helmet. Should such a case occur, the court will determine the outcome of any litigation. This would take into account all available evidence at the time, both in the ACT and in other jurisdictions. It should be noted, however, that the legislation governing the wearing of a helmet when riding a bicycle is a national as well as an ACT requirement.