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Legislative Assembly for the ACT: 2003 Week 8 Hansard (21 August) . . Page.. 3003 ..

MR STANHOPE (continuing):

There are a number of process advantages to the option of the single mandatory scheme for the ACT. The provisions we have are based on the Queensland claims procedures for personal injury, which were modelled on successful, implemented procedures under the Queensland Motor Accident Insurance Act of 1994.

Procedures in the bill provide for full disclosure of all relevant material and facilitate cooperation at an early stage between the parties. And the provisions are ideal for application to motor accident claims. The government won't support the proposals proposed by the Greens.

MR STEFANIAK (11.27): Nor will the opposition, for the reasons mentioned by the previous two speakers.

Question put:

That Ms Tucker's amendments Nos 1 and 2 be agreed to.

The Assembly voted-

Ayes 3         			Noes 12

Mrs Cross    		Mr Berry    	Mr Pratt
Ms Dundas    		Mr Corbell    	Mr Quinlan
Ms Tucker    		Mr Cornwell    	Mr Smyth
       			Mrs Dunne    	Mr Stanhope
       			Ms Gallagher    Mr Stefaniak
       			Mr Hargreaves  	Mr Wood

Question so resolved in the negative.

Amendments negatived.

MR SPEAKER: A pair is in operation for Ms MacDonald and Mrs Burke. Are you going to pursue your next three amendments, Ms Tucker?

MS TUCKER (11.32): Yes. I seek leave to move amendments 3 to 5 together.

Leave granted.

MS TUCKER: I move amendments 3 to 5, as circulated, together [see schedule 3 at page 3092].

These next three amendments go to the question of full and/or early disclosure. Full disclosure, as the bill requires, would mean that every piece of information a claimant has would have to be given to the respondent early on in the process. That will create a tendency for plaintiffs to seek out safe opinions rather than go to a full range of experts, as a contradictory opinion could be used by the defendant against them.

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