Page 1710 - Week 07 - Tuesday, 21 August 2007
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MR CORBELL (Molonglo—Attorney-General, Minister for Police and Emergency Services) (12.20), in reply: This is the 16th bill in the series of bills dealing with legislation within the justice and community safety portfolio. The bill makes a number of minor and technical amendments to the portfolio legislation. I have circulated four minor technical amendments to the bill which I propose to move in the detail stage.
The bill makes amendments to the Agents Act 2003, Civil Law (Wrongs) Act 2002, Classification (Publications, Films and Computer Games) (Enforcement) Regulation 1995, Community Title Act 2001, Crimes Act 1900, Criminal Code 2002, Criminal Code Regulation 2005, Discrimination Act 1991, Domestic Violence Agencies Act 1986, Human Rights Commission Act 2005, Judicial Commissions Act 1994, Powers of Attorney Act 2006, Utilities Act 2000, Victims of Crimes Act 1994 and Victims of Crime (Financial Assistance) Act 1983. It also repeals the Powers of Attorney Regulation 2007.
Of particular note, as Mr Stefaniak has highlighted, are the amendments to the Civil Law (Wrongs) Act 2002 which provide the courts with the power to award damages for pain and suffering or any physical or mental harm or for the loss of expectation of life, for injuries caused by exposure to asbestos where the person dies after a claim is made but before an award is made. The current law of the ACT excludes the awarding of these types of damages with the result that, where a claimant dies prior to judgement being given, their claim for general damages ceases without any benefit to their estate. This leads the relatives of the person who has died having to seek compensation, which in some circumstances can lead to only modest damages being awarded. The law has caused significant additional anxiety and expense for those who choose to pursue an action in the hope that an award is made before death. In one case in the ACT the final hearing of the court occurred at the claimant’s death bed, a circumstance that would have been both intrusive and distressing to all concerned. It is for this reason that the law is being amended.
I have noted the scrutiny committee’s comments relating to minor areas in the explanatory statements of the bill. I thank the committee for its response and its comments. The comments have now been addressed in a revised explanatory statement that my department has prepared and I present a copy of the revised explanatory statement.
Question resolved in the affirmative.
Bill agreed to in principle.
Detail stage
Bill, by leave, taken as a whole.
MR CORBELL (Molonglo—Attorney-General, Minister for Police and Emergency Services) (12.23): I seek leave to move amendments 1 to 4 circulated in my name together.
Leave granted.
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