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Legislative Assembly for the ACT: 1999 Week 13 Hansard (9 December) . . Page.. 4284 ..

MR HUMPHRIES: Well, I ask hypothetically for an illustration. What would be a reasonable excuse not to be examined to establish what your injury might be? If you have some kind of - - -

Mr Stanhope: You know that the reasonableness test is well known to the law, Attorney. You know that, or you should.

MR HUMPHRIES: No, no, Mr Speaker. Mr Stanhope misunderstands me. "Reasonable" is well defined in the law. I am well aware of that. What I am asking is a different question.

Mr Stanhope: "Reasonable" is well defined.

MR HUMPHRIES: Yes, I know that. I just said that. I am saying it is a different question that I am asking here. What would a possible reasonable excuse be? Why would a person who was going to ask the courts to give them money, taxpayers' money, not be prepared to submit to a medical examination? What possible excuse could there be? I cannot think of one. Can anybody else?

Mr Stanhope: Look, there is a whole range of possibilities, Attorney. You know that.

MR HUMPHRIES: Give me one example.

Mr Stanhope: Well, that the person had subjected themselves to a dozen doctors for examination already and simply refused to go to any more. They are sick of going to doctors, so they say, "I've been to a dozen doctors. I'm not going to another one". That is a reasonable excuse.

MR HUMPHRIES: No, Mr Speaker. Clearly, if they have submitted themselves to a dozen doctors, presumably for the purpose of their own examination, but they are not prepared to go to the 13th doctor in order to establish for the purposes of public payment of money that they have been injured, then - - -

Mr Stanhope: They have already got 12 certificates.

MR HUMPHRIES: Mr Speaker, I think Mr Stanhope clutches at straws. I believe it is reasonable for the Territory to be able to ensure, by means of a medical examination, that a person has been injured.

Mr Stanhope: You shouldn't ask questions when you don't know whether or not there is an answer, Attorney. Sit down. Sit down, you've done your dash.


MR HUMPHRIES: Obviously it is very late, Mr Speaker.

MR SPEAKER: Yes, it is.

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