Legislative Assembly for the ACT: 2003 Week 8 Hansard (21 August) . . Page.. 3069 ..
MR STANHOPE (Chief Minister, Attorney-General, Minister for Environment and Minister for Community Affairs) (5.37): Mr Speaker, the government will oppose the amendment. The government regards the amendment as not necessary and believes that it serves to confuse the scheme. If a car driven negligently hits a horse and injures a rider, the liability of the driver is not diminished by the proposed amendments. This is because, under section 3 (1), the liability that is diminished is that of the equine activity sponsor or like person, which is peculiar to the inherent risk of equine activities.
In the case given by Ms Tucker in support of the proposed amendments, the risk arises not because of an equine risk but because of a motor vehicle risk. The amendment muddies the water. Horses do not carry compulsory vehicle insurance. Arguably, the amendment might serve to transfer the risk of an accident caused by negligence on the part of a horse rider to the equine activity sponsor. There is no pool of money here provided by the universal third-party insurance scheme. There is simply an opportunity to again sheet home the cost to a person off stage who has the deepest pockets. The provisions contained within the bill provide an adequate scheme for determining whether liability should extend to such a person.
MS DUNDAS (5.38): I will be supporting the amendment. We have had some discussion already today about the current state of our third-party scheme and how it is, I believe, operating satisfactorily. There is no need to have its operation restricted, as it would be if this bill was left unamended.
Clause 42 agreed to.
Clauses 43 to 46, by leave, taken together and agreed to.
MS DUNDAS (5.38): It is a consequential opposition.
Clause 47 agreed to.
Clauses 48 to 53, by leave, taken together and agreed to.
Clause 54 agreed to.
Clause 55 agreed to.
Clause 56 agreed to.
Clause 57 agreed to.
MRS CROSS (5.40): I move amendment No 2 circulated in my name [see schedule 7 at page 3095].