15/11/02
Commonwealth, State and Territory Ministers met in Brisbane today to address a range of issues surrounding the availability and affordability of public liability and related insurances.
In a joint communiqu?, Ministers agreed on a package of reforms and will implement key recommendations in Justice David Ipp's Review of the Law of Negligence report in September this year.
Government Enterprises Minister Nick Griffiths, who is in Brisbane for the insurance summit, said recommendations on establishing liability should be implemented on a nationally consistent basis with legislation introduced as a matter of priority.
Mr Griffiths said it was important to note that the Commonwealth had agreed to amend the Trade Practises Act to ensure it was consistent with reforms approved at the national summit.
He said Western Australia's Civil Liability Bill 2002, which was passed by the Upper House on November 13, was the first stage of the Government's commitment to tort law reform, including:
- a deductible of $12,000, indexed to a statutory formula, to apply for general damages;
- damages for economic loss to be capped at three times gross average weekly earnings;
- restricting advertising of personal injury legal services to limited factual matters, and to prevent touting for the services;
- enabling courts to make an order approving a structured settlement; and
- restrictions on limits on recovery for gratuitous attendant care.
"The Insurance Commission of WA Amendment Bill 2002 was also passed by the Legislative Council this week, enabling the Government's insurance arm to provide cover to eligible not-for-profit and community organisations which are unable to find relevant, affordable or any cover at all," Mr Griffiths said.
The Volunteer (Protection from Liability) Bill 2002 which provides individual volunteers with qualified immunity from civil liability when doing community work for not-for-profit incorporated associations, was passed by the Western Australian Parliament on November 7.
Mr Griffiths said a second stage of tort law reform will be introduced as a priority and will include addressing key recommendations of the Ipp report which relate to issues affecting liability.
"I'm pleased to report that these measures are consistent with those sought by Premier Gallop prior to the meeting," he said.
Minister's office: 9222 8950
