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Legislative Assembly for the ACT: 1999 Week 13 Hansard (9 December) . . Page.. 4083 ..

MR OSBORNE (continuing):

A similar provision exists in section 5 of the Crimes Act 1914 of the Commonwealth. It would appear that many of the concerns about premium evasions are already dealt with under the current legislation. There is a requirement to maintain insurance and a requirement to provide correct information to the insurer. In addition, any person who aids or abets a breach of such requirements is liable to prosecution.

However, not all concerns are met by the current legislation. There needs to be further deterrence against employers failing to take out insurance and understating matters in order to reduce their premiums. These concerns can be met by increasing penalties for second and subsequent offences, making directors and officers liable and preventing repeat offenders from further employing workers. Abundant caution provisions have been added to catch those who assist in evasion by premium underdeclaration.

In addition, the penalty provision for the making of a false statement should be incorporated in this Act so that prosecutions can be mounted by the ACT Director of Public Prosecutions. Further, the amount which can be recouped by the nominal insurer should be increased. The civil penalty of three times the amount able to be recouped is in line with certain provisions of the Trade Practices Act 1974. If such a penalty is applicable in those instances, it would appear to be reasonable in this case.

I commend the Bill to the Assembly.

Debate (on motion by Mr Smyth ) adjourned.


Commercial-in-Confidence Documents - Publication

Debate resumed from 25 November 1999.

Debate (on motion by Mr Rugendyke ) adjourned.


Report on the Implementation of Service Purchasing Arrangements in the ACT

MR QUINLAN (12.10): I present Portfolio Committee Report No. 3 of the Standing Committee on Finance and Public Administration (Incorporating the Public Accounts Committee), entitled "The Implementation of Service Purchasing Arrangements in the ACT", together with a copy of the extract of the minutes of proceedings. I move:

That the report be noted.

Mr Speaker, this report contains some criticisms of the way that the purchaser-provider process has been introduced and questions its appropriateness. In the interests of fairness, the report contains a section which looks at the original recommendations that were made in the Rogan Johnston implementation report, the one we were required to

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