Page 1616 - Week 05 - Tuesday, 14 May 2019
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could not be awarded against the injured person. Hopefully, all of this will never actually be relevant to ACAT’s considerations of costs, but, given this, we support the government’s amendment and not the Liberal Party’s.
MR COE (Yerrabi—Leader of the Opposition) (5.37): What the government has proposed in the amendment is better than the bill, but it is still not the best possible outcome. We believe our amendment—that is, amendment 51 that will not be moved—would be best because it provides that ACAT must not award the costs of an application for external review against an injured person who is honestly seeking a review in the proceeding. The basis of this is the Court Procedure Rules of 2006, in particular, rule 3968.
Amendment agreed to.
Clause 195, as amended, agreed to.
Clause 196.
MR BARR (Kurrajong—Chief Minister, Treasurer, Minister for Social Inclusion and Equality, Minister for Tourism and Special Events and Minister for Trade, Industry and Investment) (5.38): I move amendment No 41 circulated in my name [see schedule 2 at page 1656]. This amendment clarifies that an ACAT order will take effect on the day that the internally reviewable decision was made unless ACAT orders otherwise, and in any case on the day the externally reviewable decision was made unless ACAT orders otherwise.
Amendment agreed to.
Clause 196, as amended, agreed to.
Clauses 197 to 199, by leave, taken together and agreed to.
Clause 200.
MR COE (Yerrabi—Leader of the Opposition) (5.39): I will be opposing this clause. Our proposed amendment removes clause 200. Legal costs and charge are regulated under the Legal Profession Act 2006 and the Court Procedure Rules 2006. The proposed clause is unnecessary and puts the subordinate legislation above the primary act that deals with this matter.
MR BARR (Kurrajong—Chief Minister, Treasurer, Minister for Social Inclusion and Equality, Minister for Tourism and Special Events and Minister for Trade, Industry and Investment) (5.40): We will be supporting the clause. The scheme exists to assist injured people with their recovery by promoting and encouraging the early, quick, cost-effective and just resolution of disputes. This clause is intended to regulate costs that apply to applications for defined benefits that are not based on taking a matter to court.
There is currently no regulation for costs because rule 4 of the Court Procedures Rules makes clear that it applies to all proceedings of the Supreme Court and the
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