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27 May 1992 to 10 June 1992] VICfORIA PARLIAMENTARY DEBATES (HANSARD) FIFTY-FIRST PARLIAMENT AUTUMN/SPRING SESSION 1992 Legislati ve Assembly VOL. 408 [From 27 May 1992 to 10 June 1992] "From 11 August 1992 to 13 August 1992] MELBOURNE: L. V NORl1:l, GOVERNMENT PRINTER The Governor His Excellency the Reverend OR JOHN DAVIS McCAUGHEY, AC The Lieutenant-Governor The Honourable SIR JOHN McINfOSH YOUNG, AC, KCMG The Ministry [AS FROM 28 JANUARY 1992) Premier ................................. The Hon. J. E. Kimer, AM, MP Deputy Premier, Attorney-General, ........ The Hon.]. H. Kennan, QC, MP Minister for the Arts, and Minister for Major Projects Minister for Manufacturing and ........... The Hon. O. R White, MLC Industry Development Minister for Ethnic, Municipal and ......... The Hon. C.]. Hogg, MLC Community Affairs Minister for Food and Agriculture ....... '. The Hon. 1. M J. Baker, MP Minister for Tourism, and Minister for ...... The Hon. S. M. Crabb, MP Water Resources Minister for Finance, and Minister Assisting The Hon.]. O. Harrowfield, MP the Minister for Labour on WorkCare Minister for Health ....................... The Hon. M A. Lyster, MLC Minister for Planning and Housing ........ The Hon. A. McCutcheon, MP Minister for Labour, and Minister for ....... The Hon. N. A. Pope, MP School Education Minister for Conservation and ............. The Hon. B. T. Pullen, MLC Environment Minister for Employment, Post-Secondary " The Hon. T. W. Roper, MP Education and Training, Minister for Aboriginal Affairs, and Minister for Gaming Minister for Police and Emergency ......... The Hon. M. J. Sandon, MP Services, and Minister for Corrections Minister for Community Services '" ....... The Hon. K P. Setches, MP Treasurer ............................... The Hon. A. J. Sheehan, MP Minister for Transport .................... The Hon. P. C. Spyker, MP Minister for Consumer Affairs, Minister .... The Hon. T.e. Theophanous, MLC for Small Business, and Minister Assisting the Minister for Manufacturing and Industry Development on Corporatisation Minister for Sport and Recreation .......... The Hon. N. B. Trezise, MP Parliamentary Secretary of the Cabinet ..... The Hon. R A. Jolly, MP FIFrY-FIRST PARLIAMENT-FIRST SESSION Members of the Legislative Assembly Member Distnct Party Member District Pa!!}: Andrian~ulOS, Alex St Albans ALP McGrath, John Francis Warmambool NP Austin, omas Leslie Ripon LP McGrath, WiIliam Desmond Lowan NP Baker, lan Ma1colm John SWlShine ALP McNamara, Patrick John Benalla NP Barker, Mrs Ann Patricia Bentleigh ALP Maciellan, Robert Roy Berwick LP ·"Batchelor, Peter Thomastown ALP Cameron Bildstien, Craig Stephen Mildura LP Mathews, Charles Race Oakleigh ALP Brown, Alan John Gippsland West LP Thorson Cain,John Bundoora ALP ·Mau~han, Noel John Rodney NP Clark, Robert William Balwyn LP Mical ef, Edward J~h Springva1e ALP Co~hill. Or Kenneth Alastair Werribee ALP Napthine. Or Denis VU\Ceflt Portland LP Co e, Neil Donald Melbourne ALP Norris, Terence Richard Dandenong ALP Coleman, Charles Geoffrey Syndal LP Perrin, Oavid John Bulleen LP Cooper, Robert Fitz~rald Momington LP Perton, Victor John Doncaster LP Crabb, Steven Mars 11 Knox ALP Pescott, R~er Bennettswood LP Cunningham, David James Derrimut ALP Plowman, idney James Evel~ LP Delzoppo, John Edward Narracan LP Pope. Neil Albert Mon ulk ALP Dickinson, Harley Rivers South Barwon LP Ray, Mrs Margaret Box Hill ALP I<5J Ehzabeth Dollis, Demetri Richmond ALP Reynolds, Thomas Carter Gisbome LP Elder, Stephen Noel Ballarat North LP Richardson, John In~les Forest Hill LP Emst, Graham Keith Bellarine ALP Roper, Thomas WiJJ&.am Brunswick ALP Evans, Bruce James Gippsland East NP Rowe, BaIT)' John Ea&endon ALP Fordham, Robert Clive Footscray ALP Sandon, Malcolm John Carrum ALP '"Garbutt, Mrs Shenyl Maree Greensborough ALP Seitz, Geote Keilor ALP Gavin, Peter Murra Coburg ALP Sercombe, obert Olarles Niddrie ALP Gude, Phil~ Archiha Id Hawthorn LP Grant Hamilton, eith Graeme Morwell ALP Setches, Mrs lUy Patricia Ringwood ALP Harrowfield, John Dyson Mitcham ALP Sheehan, Anthon~ John Northcote ALP HaTt:ard, Donald Keith Prahran LP Sheehan, Francis atrick Ballarat South ALP He feman, Vincent Patrick, lvanhoe LP Shell, !::J;den Kevin Geelong ALP OAM Simm s, James UoneJ Reservoir ALP Hill, Mrs Jane Margaret Frankston North ALP Smith, Emest Ross Glen Waverley LP Hirsh, Mrs Caroltn Dorothy Wantima ALP Smith, lan Winton Polwuth LP H~ood, Phi lip Warrandyte LP Spyker. Peter Comelis Mentone ALP N ' S~ll, ~Edward HedDr Swan Hill NP Jasper, Kenneth Stephen Murray Valley NP Stoc ale, A Robert Brighton LP John, Michael Bendigo East LP Tanner, Edgar Miles c.UlfieId LP Jolly, Robert Alien Doveton ALP Poruonby Kennan,James Harley, QC Broadmeadows ALP Thomson, Kelvin John Pascoe Vale ALP Kennedy, Andrew David Bendigo West ALP Trezise. Neil Benjamin Geelong North ALP Kennett, Jeffrey Gibb Burwood LP Vaughan. Or Gerald Clayton ALP -·IGlgour, Donald Shecparton NP MarshaU IGrner, Ms Joan Elizabeth, Wil iamstown ALP Wade, Mrs Jan Louise Murray Kew LP AM Wallace, Thomu William G~ South NP Lea, Oavid John Sandringham LP Walsh, Ronald William A Park ALP Leigh, Geof=raeme Malvern LP Weideman, Graeme Franbton South LP ~ton, M' I Andrew Preston ALP Wells, Or Ronald ameli Oromana LP , nnan,. Louis Stuart Benambra LP Herbert = McCutcheon, Andrew StKilda ALP Wilaon, Mrs Janet TUlIU1e Dandenong North ALP McDonaJd, Maxwell John Whittlesea ALP Calder eEIected 4 March 1989 eeElected 1S April 1989 eeeElected 2 February 1990 eee eE1ected 22 October 1991 FIFTY-FIRST PARLlAMENT-FIRST SESSION Speaker: The Hon. KEN COGHILL Ch.a.lrman of Committee: Mr T. R. NORRIS Temporuy Ch.a.lrmen of Committees: Mr Delzoppo, Mr Emst, Mr Evans, Mrs Garbutt, Mr Jasper, Mr Lieberman, Mr Mdl<>nald, Mr J.F. McGrath, Mrs Ray, Mr Richardson, Mr F. P. Sheehan, Mr Shell, Mr Steggall, and Or Vaughan. uader of the Labor Party and P~micr: TIle Hon. J. E. KIRNER, AM Deputy Leader of the Labor Party and Deputy P~m1ft': The Hon. 1- H. KENNAN, QC uader of the Parliamentary liberal Party and uader of the Opposition: The Hon. J. G. KENNETT Deputy Leader of the ParliamentM)' Liberal Party and Deputy Leader of the Opposition: MrP. A.GUDE uader of the National Party: Mr P. J. McNAMARA Deputy Leader of the National Party: Mr W. D. McGRA TH Heads of Parliamentary Departments Council-Oerk of the Parliaments and Oerk of the Legislative Council: Mr A. V. Bray Assembly - Clerk of the Legislative Assembly: Mr J. G. Uttle, ].P. Hansard - Orief Reporter: Mr Eric Woodward Library -librarian: Mr B. J. Davidson House - Acting Secretary: Mr W. F. McKelvie ACCIDENT COMPENSA TION (FURTHER AMENDMENT) BILL Wednesday, 27 May 1992 ASSEMBLY 1841 be done in good faith, in accordance with any problems of WorkCare. Some looked at the rate of terms, conditions and restrictions on the agent's growth of common-law claims and the massive appointmen t, in the exercise of a power or the increase in legal costs, and some were designed to discharge of a duty of the agent under this Act." make harder the rorting of the system and cut the growth of administrative costs. All those areas are of Amendments agreed to on motion of Mr KENNAN significance to the scheme but they have not been (Attorney-General). addressed by the changes that are before the House. ACCIDENT COMPENSATION Nonetheless, the concerns expressed about the (FURTHER AMENDMENT) BILL changes are Significant. I refer to the Law Institute News, issue No. 11 of Order of the day read for resumption of debate. mid-December 1991. It in many ways outlines the deficiency of the interpretation of section 135(3A). The SPEAKER -Order! As the required The article states: statement of intent has been made pursuant to section 85(5)(c) of the Constitution Act I am of the WorkCare and common-law rights - Full court opinion that the second reading of this Bill requires interprets s.I35(3A). to be passed by an absolute majority. The effect of a recent decision of the appeal division of Second reading the Supreme Court now means that if your client has made a claim under section 98 of the Accident Debate resumed from 6 May; motion of Compensation Act or if your client has a potential Mr HARROWFIELD (Minister for Finance). entitlement to a section 98 claim, it would be prudent to ensure that the client section 98 claim is determined Mr G UDE (Hawthorn) - The Bill seeks to close before his or her common-law claim is heard or is two principal loopholes that have existed in the settled. Accident Compensation Act. The Bill amends the Act so claimants cannot double dip for workers Section 135(4) of the Act provides that where compensation claims and it retrospectively validates common-law claims for non-pecuniary loss proceed to ~e appointment of occupational health and safety judgment or are settled then the claimant cannot Inspectors. therefore pursue a claim under section 98. However, the Supreme Court has interpreted section 135(3A) to The Bill in many ways is a sad reflection on the way mean that a claimant can receive an amount under the government has permitted the WorkCare system section 98 and subsequently receive an award of to evolve and develop and allowed the rorting that damages for non-pecuniary loss without the amount has existed within the system. There have been an received under section 98 being deducted from the untold number of amendments over the years, and award of damages. The only exception would be if the particularly in this House the honourable member amount of damages is greater than the amount of for Brighton and I have been involved in those $176150 less the amount of the section 98 payment in debates. which case he or she would be entitled to the lower amount. It does not come as any surprise that we are faced with yet another piece of legislation that seeks to Accordingly, we suggest that you now ensure that your correct some of the deficiencies pOinted out on a client has a section 98 claim and a common-law claim, number of occasions by the opposition.
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