Attachment 1 Page 1 of4 LIST OF SUBMISSIONS

Re: Inquiry into the Effects on Government Agencies of the Abolition of the Common Law Immunity of Nonfeasance

1 Mr Frank Zaknich Bland Shire Council

2 Mr Ken Davies Kyogle Council

3 Mr Tom Goudkamp Australian Plaintiff Lawyers Association Ltd 4 Cr Peter Woods Local Government Association of NSW 5 Mr P Perram Bathurst City Council

6 Mr P.J Doyle Bellingen Shire Council

7 Mr Barry Husking Fairfield City Council

8 Mr P.J. Goodsall Riverina Regional Organisation of Councils 9 Mr Ross McKinney Council 10 Mr Andrew Crakanthorp J erilderie Shire Council

11 Mr Greg Trevaskis Greater Taree City Council 12 Mr Ken Gainger Lismore City Council

13 Mr D.W Philpott Boorowa Council

14 Mr Nic Pasternatsky City of Canada Bay Council 15 Mr Allen Dwyer Orange City Council

16 Mr Tom Walker Auburn Council

17 Mr Sean O'Brien Baulkham Hills Shire Council 18 Mr. Keith Dawe 13 Caveat Street

19 Mr Robyn Daly Local Government Association Mutual Liability Scheme 20 Mr Fred Exton Berrigan Shire Council

21 Mr Ross McCreanor North Sydney Council Attachment 1 Page 2 o£4 22 Mr Shaughn Morgan The Law Society of New South Wales 23 Bankstown City Council

24 Mr Terry McCormack Westpool

25 Mr Barry Smith Hunter's Hill Council

26 Mr P.J Goodsall Council 27 Mr J.J. Griffiths Council 28 Mr Karen Triplett

29 Mr Nick Tobin Willoughby City Council 30 Mr Paul Forward Roads and Traffic Authority 31 Mr Jack Garside Narromine Shire Council

32 Mr Thomas P O'Connor Barraba Shire Council 33 Mr Stephen Onions Tenterfield Shire Council

34 Mr B. Wilkinson Council 35 Mr Bruce McGie The Local Government Risk Management Interest Group 36 Mr Bron Clarke

37 Mr Darren Crombie Dept of Transport & Regional Services 38 Mr R. G Fulcher Council

39 Mr Jim McGinty MLA Western Australia

40 Mr D.L. Tydd Cobar Shire Council 41 Mr John Elphick Hawkesbury City Council 42 Mr Robert Mowle Council 43 Mr Paul Hillier

44 Mr Graeme Taylor Council

45 Mr John Bourke South Sydney City Council 46 Mr John Lewis Armidale Dumaresq Council Attachment 1 Page 3 o£4 ,. 47 Mr Tom Port Nambucca Shire Council

48 Mr P.A Seith The NSW Bar Association

49 Mr Peter Carter Civil Justice Foundation

50 Mr John Attenborough Jardine Lloyd Thompson 51 Mr R.C Pluis Leeton Shire Council

52 Mr Rod Oxley Wollongong City Council 53 Mr Andrew Armitstead Parramatta City Council

54 Mr David Pavey Lake Macquarie City Council 55 Mr P Perram Country Mayors Association 56 Mr Don Cooper Goulburn City Council

57 Mr VHR May Mosman Municipal Council 58 Mr David Carey

59 Mr Ian Stewart Council of the City of Lithgow 60 Mr John Odgers Blue Mountains City Council 61 Mr Harry Whiteside LOGOVRisk Management Services Pty Limited 62 Mr Stephen Bartlett Norsure Joint Liability Insurance Scheme 63 Mr Graeme Faulkner The Council of the City of Wagga Wagga 64 Mr Robin Eldon IPWEA

65 Mr Jeremy Wood 66 Mr R W Bailey Lachlan Shire Council 67 Dr Chris Guest Department of Land and Water Conservation 68 Mr Craig Deasey Dungog Shire Council 69 Mr John Quinn Singleton Council

70 Mr J W Rayner Sutherland Shire Council 71 Mr RF Laing Griffith City Council Attachment 1 Page 4 of4 72 Lockhart Shire Council

73 Ms Julie Briggs Riverina Eastern Regional Organisation of Councils (REROC) 74 Mr Peter Morris Roads and Traffic Authority 75 Mr Anthony Furse

76 Lindsay Thomas Hay Shire Council 77 Mr Michael Bushby Austroads Attachment 2 Page 1 of 12

PUBLIC BODIES REVIEW COMMITTEE

Minutes of Proceedings

Friday, 22 June, 2001 at 9.30am Room 1153, Parliament House.

MEMBERS PRESENT

Mr. Milton Orkopoulos MP (Chairman) Mr. Daryl Maguire MP Mr. Alan Ashton MP Mr. Michael Richardson MP Mr. John Bartlett MP

In Attendance: Ms. Catherine Watson (Committee Manager) Ms Jackie Ohlin, (Project Officer) Mr. Keith Ferguson (Committee Officer) and Ms. Glendora Magno (Assistant Committee Officer)

The Chairman opened the meeting at 1Oa.m.

Deliberative Meeting

1. Inquiry into the Office of the Protective Commissioner and the Office of the Public Guardian

The Committee considered draft recommendations for inclusion in the Report.

2. Inquiry into Nonfeasance Defence of Public Authorities

Resolved on the motion of Mr Bartlett and seconded by Mr Richardson that the Committee pursue and inquiry into the Effects on Government Agencies of the Abolition of the Common Law Immunity of Nonfeasance.

Meeting Closed at 11.15a.m. Attachment 2 Page 2 of12

PUBLIC BODIES REVIEW COMMITTEE Minutes of Proceedings Wednesday, 24 October, 2001 at 10.30am Room 1108, Parliament House.

MEMBERS PRESENT

Mr. Milton Orkopoulos MP (Chairman) Mr. John Bartlett MP Mr. Alan Ashton MP Mr. Michael Richardson MP Mr. Daryl Maguire MP

In Attendance: Ms. Catherine Watson (Committee Manager), Ms. Jackie Ohlin, (Project Officer) Mr. Keith Ferguson (Committee Officer) Ms. Glendora Magno (Assistant Committee Officer)

The Chairman opened the meeting at 10.35a.m.

Inquiry into the effects on Government Agencies of the abolition on the Common Law immunity of nonfeasance.

Briefing from:

Representatives of the New South Wales Bar Association:

Mr. Robert Toner S.C. Ms. Kim Nichols, NSW Bar Association.

The Meeting closed at 11.45a.m.

PUBLIC BODIES REVIEW COMMITTEE Minutes of Proceedings Wednesday, 5 December 2001 at 11 :OOam Room 1136, Parliament House.

MEMBERS PRESENT

Mr. Milton Orkopoulos MP Mr. John Bartlett MP Mr. Alan Ashton MP Mr. Michael Richardson MP Mr. Daryl Maguire MP Attaclunent 2 Page 3 of 12 In Attendance: Ms. Catherine Watson (Committee Manager), Mr. Keith Ferguson (Committee Officer).

The Chairman opened the meeting at 10.40a .m.

1. Resolved on the motion of Mr J Bartlett and seconded by Mr M Richardson that the minutes of the meeting held on 6 September 2001 be adopted.

2. Resolved on the motion of Mr J Bartlett and seconded by Mr M Richardson that the minutes of the meeting held on 19 September 2001 be adopted

3. Resolved on the motion of Mr J Bartlett and seconded by Mr M Richardson that the minutes of the meeting held on 17 October 2001 be adopted

4. Resolved on the motion of Mr M Richardson and seconded by Mr J Bartlett that the minutes of the meeting held on 19 October 2001 be adopted.

5. Resolved on the motion of Mr M Richardson and seconded by Mr J Bartlett that the minutes of the meeting held on 24 October 2001 be adopted.

6. Resolved on the motion of Mr D Maguire and seconded by Mr J Bartlett that the minutes of the meeting held on 6 September 2001 be adopted

Future directions of inquiry into non-feasance

The Committee considered the future directions for the inquiry into non-feasance and decided that the Committee will travel to WaggaWagga and to a district in western New South Wales. Trips to be organised for around March 2002.

Considers that the Committee should call witnesses from Insurance Pools, Health Department, RTA and the Plaintiff Lawyers Association.

Committee study tour to New Zealand in February 2002 discussed -to occur between 4-8 February 2002

Study of International Jurisdictions.

1 1. The Committee considered the report u25 h Anniversary Congress on Law and Mental Health July 2000" and Resolved on the motion of Mr J Bartlett and seconded by Mr D Maguire that the report be the report of the Committee.

1 2. ·The Committee considered the report (116 h Anniversary Congress on Law and Mental Health 2001" and Resolved on the motion of Mr J Bartlett and seconded by Mr D Maguire that the report be the report of the Committee.

Meeting Closed 11.15a.m. Attachment 2 Page 4 of12

PUBLIC BODIES REVIEW COMMITTEE Minutes of Proceedings Wednesday, 13 March, 2002 at 11.00am Room 1153, Parliament House.

MEMBERS PRESENT

Mr. Milton Orkopoulos MP (Chairman) Mr. John Bartlett MP Mr. Alan Ashton MP Mr. Michael Richardson MP Mr. Daryl Maguire MP

In Attendance: Ms Catherine Watson (Committee Manager), Ms Jackie Ohlin (Project Manager) Mr Keith Ferguson (Committee Officer).

The Chairman opened the meeting at 11.05a.m.

Minutes

1. Resolved on the motion of Mr A Ashton and seconded by Mr M Richardson that the minutes of the meeting held on 5 December 2001 be adopted.

2. Resolved on the motion of Mr A Ashton and seconded by Mr M Richardson that the minutes of the meeting held on 6 February 2002 be adopted.

Correspondence

1. Letter from Mr J Jones Wagga Wagga. Resolved on the motion of Mr J Bartlett seconded by Mr M Richardson that the correspondence from Mr J Jones is noted.

2. Letter from Mr Maurie O'Sullivan General Secretary of the Public Service Association read and discussed. Resolved on the motion of Mr J Bartlett seconded by Mr M Richardson that the correspondence and the issues therein are noted by the Committee.

Chairman's report ·

The Chairman informed the Committee of invitations received to speak at three conferences

Future Directions of Inquiry

1. After discussion the Committee resolved to visit Campbelltown and Bankstown Council areas, on 3 April 2002, to discuss aspects of the non-feasance inquiry. Attachment 2 Page 5 of 12

2. The Committee discussed travelling to the Central Darling Shire Council area to discuss aspects of the abolition of the non-feasance rule on far-western shires. Agreed that plans be organised by the secretariat for travel to the area by charter plane, for 2/3 days during the last week of the April break.

3. The Committee agreed that it is necessary to talk to officers of AUSPEC, Standards Australia, LGSA, RTA, and Insurance Council of Australia to consider the more technical aspects of the inquiry.

General Business

1. The Committee's report on the study tour to Wagga Wagga District is noted.

2. Submission dated 7 January 2002, and article "Hard Facts about claims costs & premiums" June quarter 1998, by Australia"n Plaintiff Lawyers Association (APLA) read and noted.

3. Report "Roads Challenge A Report on the roads needs of NSW communities" by the NRMA read and noted.

4. Inquiry into the OPC/OPG- correspondence received from Mr Brian Raffa read and noted by the Committee.

Resolved on the motion of Mr Daryl Maguire seconded by Mr J Bartlett that Mr Raffa be informed that the Committee has read the documentation and expresses its sympathy for the family conflict. Mr Raffa to be informed that a copy of the submission and documentation has been retained with the material concerning the Committee's inquiry into the OPC/OPG.

Meeting Closed 11 :55a.m.

PUBLIC BODIES REVIEW COMMITTEE Minutes of Proceedings Wednesday, 20 March, 2002 at 11.00am Room 1153, Parliament House.

MEMBERS PRESENT

Mr. Milton Orkopoulos MP (Chairman) APOLOGIES: Mr. John Bartlett MP Mr. Alan Ashton MP Mr. Michael Richardson MP Mr. Daryl Maguire MP

In Attendance: Ms Catherine Watson (Committee Manager), Ms Jackie Ohlin (Project Manager) Mr Keith Ferguson (Committee Officer). Attachment 2 Page 6 of 12 Ms Glendora Magno ( Assistant Committee Officer)

The Chairman opened the meeting at 11 .1Oa . m.

Minutes

Resolved on the motion of Mr J Bartlett and seconded by Mr M Richardson that the minutes of the meeting held on 13 March 2002 be adopted.

Correspondence

Letter from Mr R F Laing, General Manager, Griffith City Council read and discussed. Agreed that the letter be acknowledged and advise Griffith Council that the Committee will be looking into the New Zealand Accident Compensation Commission Model as part of its current inquiry.

Inquiry into the Effects on Government Agencies of the Abolition of Common Law.

Briefing from the Australian Plaintiff Lawyers Association (APLA):

Mr Andrew Morrison Mr Tom Goudkamp Ms Eva Scheerlinck Ms Thea Bray

Meeting Closed 12.15p.m.

PUBLIC BODIES REVIEW COMMITTEE Minutes of Proceedings Wednesday, 10 April, 2002 at 11.00am Room 1108, Parliament House.

MEMBERS PRESENT

APOLOGIES: Mr. John Bartlett MP Mr. Alan Ashton MP Mr. Michael Richardson MP Mr. Milton Orkopoulos MP Mr. Daryl Maguire MP

In Attendance: Ms Catherine Watson (Committee Manager), Ms Jackie Ohlin (Project Manager) Mr Keith Ferguson (Committee Officer). Ms Glendora Magno (Assistant Committee Officer) Attachment 2 Page 7 of 12 The meeting opened at 10 .20a.m.

Inquiry into the Effects on Government Agencies of the Abolition of Common Law.

1. Briefing from the Insurance Council of Australia (ICA):

Mr Robert Drummond -General Manager

2. Briefing from the Sydney City Council

Mr. Phil Turner, Risk, Audit and Corporate Reporting Manager Mr. Petar Vladeta, General Council Ms Janina Jancu, Chief of Staff

Meeting Closed 11.55a.m.

PUBLIC BODIES REVIEW COMMITTEE Minutes of Proceedings Wednesday, 8 May, 2002 at 10.00am Room 1108, Parliament House.

MEMBERS PRESENT Mr. Milton Orkopoulos MP (Chairman) APOLOGIES: Mr. John Bartlett MP Mr. Daryl Maguire MP Mr. Alan Ashton Mr. Michael Richardson MP

In Attendance: Ms Catherine Watson (Committee Manager), Ms Jackie Ohlin (Project Manager) Mr Keith Ferguson (Committee Officer). Ms Glendora Magno (Assistant Committee Officer)

The meeting opened at 1 0.30a.m.

Inquiry into the Effects on Government Agencies of the Abolition of Common Law.

3. Briefing from Standards Australia

Mr Colin Blair- Director-Support Management & Business

4. Briefing from Institute of Public Works Engineering (IPWE) Mr Chris Champion Chief Executive Officer, Mr Bill Woodcock Attachment 2 Page 8 of 12 Mr Rod Cook Executive Manager Parramatta City Council

Meeting Closed 12.20p.m.

PUBLIC BODIES REVIEW COMMITTEE Minutes of Proceedings Wednesday, 29 May, 2002 at 10.00am Room 1108, Parliament House.

MEMBERS PRESENT Mr. Milton Orkopoulos MP (Chairman) APOLOGIES: Mr. John Bartlett MP Mr. Daryl Maguire MP Mr. Alan Ashton Mr. Michael Richardson MP

In Attendance: Ms Catherine Watson (Committee Manager), Ms Jackie Ohlin (Project Manager) Mr Keith Ferguson (Committee Officer). Ms Glendora Magno (Assistant Committee Officer)

The meeting opened at 10.1Oa .m.

Inquiry into the Effects on Government Agencies of the Abolition of Common Law.

5. Briefing from :

Inspector Dave Evans and Sergeant Rod Dorrogh

Resolved on the motion of Mr J Bartlett and seconded by Mr Alan Ashton that the minutes of the meeting held on 20 March 2002 be adopted. ·

Resolved on the motion of Mr A Ashton and seconded by Mr J Bartlett that the minutes of the meeting held on 10 Apri12002 be adopted.

Resolved on the motion of Mr A Ashton and seconded by Mr J Bartlett that the minutes of the meeting held on 8 May 2002 be adopted.

Resolved on the motion of Mr A Ashton and seconded by Mr J Bartlett that the Chairman write to Mr. Russell Smith MP Opposition Whip, informing him that Mr M Richardson MP is leaving the Committee and requesting that he facilitate through the Parliament an opposition member as a replacement member of the Committee.

Resolved on the motion of Mr M Orkopoulos seconded by Mr J Bartlett that a committee delegation undertake an study tour to examine overseas jurisdictions as Attachment 2 Page 9 of 12 .. part of its injury into the effects of the abolition of the Common Law Rule of feasance.

Inquiry into the Effects on Government Agencies of the Abolition of Common Law.

6. Briefing from:

Mr Peter Woods, President Mr Warren Taylor, Manager, Advice and Development Local Government and Shires Association.

Meeting Closed 11.40a.m.

PUBLIC BODIES REVIEW COMMITTEE Minutes of Proceedings Thursday, 20 June, 2002 at 10.00am Room 1153, Parliament House.

MEMBERS PRESENT Mr. Milton Orkopoulos MP (Chairman APOLOGIES: Mr. John Bartlett MP Mr. Alan Ashton Mr. Daryl Maguire MP Mr Russell Smith MP

In Attendance: Ms Catherine Watson (Committee Manager), Ms Jackie Ohlin (Project Manager) Mr Keith Ferguson (Committee Officer). Ms Glendora Magno (Assistant Committee Officer)

The meeting opened at 1O.OOa.m.

Minutes

Resolved on the motion of Mr D Maguire and seconded by Mr J Bartlett that the minutes of the meeting held on 29 May 2002 be adopted.

Draft Report

The Committee considered the Outline for Non-Feasance Report. Mr Bartlett suggested and agreed to by the Committee that Chapter two and three to be reversed. Attachment 2 Page 10 of 12

Correspondence

Letter from Mr Peter Woods President Local Government Association of NSW and Mr Mike Montgomery President Shires Association of NSW read and noted by the Committee.

Discussion paper Road Standards and the Legal Duties of Road Authorities prepared by the Victorian Department of Infrastructure read and noted by the Committee.

Next Meeting

Resolved on the motion of Mr J Bartlett seconded by Mr A Ashton that the Committee next meet on Wednesday 3 July 2002 between 9-10am to further consider the Committee's report on nonfeasance.

Inquiry into the Effects on Government Agencies of the Abolition of Common Law.

Briefing from: Mr Michael Bushby, General, Manager, Infrastructure Maintenance, Roads and Traffic Authority.

Mr. Neil Walker Program Manager, Infrastructure Maintenance Roads and Traffic Authority.

Mr. Christopher Newnham, Manager, Litigation Section Roads and Traffic Authority.

Meeting Closed 11 .30am

Minutes of Proceedings Wednesday, 4 September, 2002 at 10.30am Room 1108, Parliament House.

MEMBERS PRESENT Mr. Milton Orkopoulos MP APOLOGIES: Mr. John Bartlett MP Mr. Daryl Maguire MP Mr. Alan Ashton MP Mr. Russell Smith MP

In Attendance: Ms Catherine Watson (Committee Manager), Ms Jackie Ohlin (Project Manager) Mr Keith Ferguson (Committee Officer). Ms Glendora Magno (Assistant Committee Officer) Attachment 2 Page 11 of 12 The meeting opened at 10.30a.m .

~ .' ~ Inquiry into the Effects on Government Agencies of the Abolition of Common Law.

Briefing from :

Mr Michael Bushby, General Manager, Infrastructure Maintenance Roads and Traffic Authority.

Mr. Neil Walker, Program Manager, Infrastructure Maintenance, Roads and Traffic Authority.

Mr. Christopher Newnham, Manager, Litigation Section, Roads and Traffic Authority.

Resolved on the motion of Mr J Bartlett and seconded by Mr Russell Smith that the minutes of the meeting held on 20 June 2002 be adopted.

Resolved on the motion of Mr John Bartlett and seconded by Mr Alan Ashton the Speakers approval be sought for the Chairman and the Committee Manager to attend the ARIMA Conference at Perth to be held in November 2002.

Meeting Closed 12 noon

Minutes of Proceedings Wednesday, 18 September, 2002 at 4.30am Room 1136, Parliament House.

MEMBERS PRESENT Mr. Milton Orkopoulos MP APOLOGIES: Mr. John Bartlett MP Mr. Daryl Maguire MP Mr. Alan Ashton MP Mr. Russell Smith MP

In Attendance: Ms Catherine Watson (Committee Manager), Ms Jackie Ohlin (Project Manager) Mr Keith Ferguson (Committee Officer).

The meeting opened at 4.30a.m.

1. Resolved on the motion of Mr A Ashton and seconded by Mr J Bartlett that the minutes of the meeting held on 4 September 2002 be adopted. Attachment 2 Page 12 of 12 2. The Committee considered draft recommendations of the nonfeasance report . ,., •. Resolved on the motion of Mr J Bartlett seconded by Mr R Smith that recommendations as amended be the recommendations of the nonfeasance report.

3. The Committee considered draft report.

Resolved on motion of Mr J Bartlett and seconded by Mr R Smith that the report Study of International Jurisdictions - July 2002 be the report of the committee.

Meeting Closed 5.05p.m

Minutes of Proceedings Wednesday, 25 September, 2002 at 4.30pm Room 1153, Parliament House.

MEMBERS PRESENT Mr. Russell Smith MP APOLOGIES: Mr. John Bartlett MP Mr. Milton Orkopoulos MP Mr. Alan Ashton MP Mr. Daryl Maguire MP

In Attendance: Ms Catherine Watson (Committee Manager), Ms Jackie Ohlin (Project Manager) Mr Keith Ferguson (Committee Officer).

The meeting opened at 4.45p.m.

Resolved on the motion of Mr Russell Smith seconded Mr Alan Ashton that the apologies be received.

Inquiry into the Effects on Government Agencies of the Abolition of Common Law.

Resolved on the motion of Mr Alan Ashton and seconded by Mr Russell Smith that the draft report titled "The effects on Government Agencies of the abolition of nonfeasance immunity" be passed in globo.

Resolved on the motion of Mr Alan Ashton and seconded by Mr Russell Smith that the minutes of the meeting held on 18 September 2002 be adopted.

Meeting Closed 4.55 p.m.