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Legislative Assembly Queensland Parliamentary Debates [Hansard] Legislative Assembly FRIDAY, 26 OCTOBER 1956 Electronic reproduction of original hardcopy Local Government Acts, &c., Bill. [26 OcTOBER.] Law Reform, &c., Bill. 1125 FRIDAY, 26 OCTOBER, 1956. Clause 8, as amended, agreed to. Clauses 9 and 10, as read, agreed to. Clause 11-Amendments of Schedule III.; Mr. SPEAKER (Hon. J. H. Mann, Rules for the conduct of elections- Brisbane) took the chair at 11 a.m. Hon. E. J. W ALSH (Bundaberg-Trea­ surer) : I move the following amendment:- QUESTION. ''On page 12, line 42, omit the word­ NEW CLASSROOMS, AYR SCHOOL. ' words' and insert in lieu thereof the word- llir. COBURN (Burdekin) asked the 'word'.'' Secretary for Public Works, Housing and Immigration- Amendment agreed to. '' As an estimate based on the present Clause 11, as amended, agreed to. enrolment at the Ayr high and intermediate Bill reported, with amendments. school, together with the anticipated intake from other district schools, as supplied to the principal by the head teachers of the respective schools, indicates that consider­ LAW REFORM (LIMITATION OF able additional classroom accommodation ACTIONS) BILL. will be needed to meet 1957 requirements, will he kindly arrange for a commencement INIT~ATION IN COMMITTEE. of construction at the earliest possible date of the two classrooms and a health service (The Chairman of Committees, Mr. Clark, room approved by the Public Works Fitzroy, in the chair.) Department, so that the requisite accommo­ Hon. W. POWER (Baroona-Attorney­ dation may be available for the commence­ General) (11.9 a.m.): I move- ment of the 1957 school year, and over­ '' That it is desirable that a Bill be crowding and discomfort avoided~'' introduced to amend in certain respects Hon. A. JONES (Charters Towers­ the laws relating to the limitation of Secretary for Labour and Industry), fpr actions (including actions against the Hon. C. G. I\IcCATHIE (Haughton), Crown) in respect of personal injuries to replied~ persons.'' ''The provision of additional classroom The Bill makes important alterations in the accommodation was authorised by Executive period of limitation for actions for personal Council on the 18th instant. Early action injuries. As all hon. members know, . our will be taken to have the work commenced, laws impose limitations upon the. penods and every effort will be made to have the within which all types of legal actions may additional accommodation available for the be brought. These periods of limitations commencement of the 1957 school year.'' vary according to the nature of the legal proceeding concerned and, as regards actions PAPERS. between subjects, a wide list of them is set out in an Act of Parliament entitled, very The following paper was laid on the table, appropriately I would say, the Statute of and ordered to be printed:- Frauds and Limitations. I refer to the Report of the Department of Agriculture title of that Act as appropriate, because the and Stock for the year 1955-1956. primary and most essential object of these The following paper was laid on the limitations is to prevent fraud. Every hon. table:- member will I am sure, appreciate the Proclamation under the Public Works Land possibilities for fraud which could result if Resumption Acts, 1906 to 1955 and the the law allowed any of us to be sued today State Development and Public Works for damages alleged to have resulted from Organisation Acts, 1938 to 1954. an incident that happened 10, 20, or even 30 years ago. As a matter of fact there would be no evidence; it would have been LOCAL GOVERNMENT ACTS destroyed, and probably most of the wit­ nesses would have died. AMENDMENT BILL. Our law will not allow that, but it will RESlT::YIPTION OF COMMITTEE. allow actions for damages as between subject (The Chairman of Committees, Mr. Clark, and subject to be brought within six years Fitzroy, in the chair.) after the event, provided both are still living. In the case of these actions by subjects Debate resumed from 25 October (see p. against the Crown or Crown insb·umentalities 1079) on Clause 8-Repeal of and new s.47; there is a stricter limitation covering not Powers of Local Authority with respect to only the period within which the subject agricultural drainage, on which Mr. \Valsh must sue, but also certain other factors. had moved an amendment. For example, notice of the intended action Amendment (Mr. Walsh) agreed to. may be required. 1126 Law Reform (Limitation [ASSEMBLY.] of Actions) Bill. I regret that I cannot conveniently give injured worker to take action against any­ the Committee a detailed picture of these body other than the State Insurance Com­ limitations as they affect the legal remedies missioner. Persons lying in hospital may of subjects against the Crown and Crown have no knowledge of the law-and there instrumentalities. They are contained in a are such cases-and thoy may be incapa­ number of statutes and, I regret to say, are citated for a period of 12 months. not uniform over the whole field they cover. I have had a list of these statutes prepared. :ilir. Hiley: Even if they had the know­ I am not quite certain tlmt it is exhaustive, ledge, in some cases their incapacity would be but at a later stage of the Bill I shall be such that they should not be asked to do any­ happy to afford hon. members any informa­ thing about it. tion they desire concerning these. JUr. POWER: I was coming to that. The Reverting to the alteration made by this hon. member's interjections are usually most Bill to the period of limitation for actions relevant and helpful. That would happen in for personal injuries, it fixes a general limi­ many cases and in some instances it would be tation of three years which will bind alike impossible to fix the amount of damages the Crown, Crown instrumentalities and, eYen up to two years. I think that six years subject to their living, subjects. is far too long but three years is a reason­ able compromise. The Queensland Law As the law stands at present, the Statute Society and the Bar Association made appli­ of Limitations applies for a period of up to cation for a general alteration. I was not six years in cases between subject and sub­ prepared to agree to that because there are ject. That does not apply in the case of the sound reasons why it should not be six years Crown, because in some eases the period pro­ in some cases. \V e are following the practice vided is only 12 months. It is essential, in Great Britain. Some notable people were therefore, that we should try to get some appointed to a committee to investigate uniformity in regard to these matters. In representations from various bodies concern­ the case of personal injury or death, I can ing what is known as the Public Protection see no justification for any variation, and I Act, a similar Act to the one I am dealing can see no reason why the Crown or any with now. The committee recommended to semi-governmental instrumentality should be the Government that the period should be in any different position from the ordinary limited to two years in certain cases. The citizen. House of Commons decided not to accept the A request was made for a general altem­ recommendation but to extend the period to tion of the law dealing with actions against three years. Having that guide from the the Crown and semi-governmental instru­ Mother Parliament at least we are on sound mentalities, but I could not accede to that ground. I think that every hon. member request because I did not think it would will agree that there is no reason at all why be reasonable. In actions against the Police persons who are injured should not have a Department under the Vagrants, Gaming and reasonable time within which to take action Other Offences Acts, I believe the period to recover damages. In the case of death of limitation is six months, with one month's dependants should have a reasonable time to notice of intention to sue. I do not think take action. it would be a good thing if a person who had been charged witl1 sly grog selling and The Bill makes provision to vary the period whose liquor had been taken could take from six to three years, bringing all sections action against the Crown six years later of the community, both Crown and semi­ because some official had allegedly not carried government institutions and the ordinary out his duties. As a matter of fact, the citizen within the one category. The effect officer concerned may have left the force or is to reduce from six to three years the period left the State, or he may even have died. within which an action in which personal In those circumstances, the evidence would injmy is claimed may be brought between not be available. subjects who are still living. It also makes a period of three years applicable to actions I am not making a general alteration in for personal injury as between the Crown or the law in regard to the time limit in cases a Crown instrumentality, of the one part and involving GovernmPnt and semi-governmental a subject of the other part. instrumentlities. I shall develop that argu­ ment further during the second reading and The term ''personal injuries'' includes any give some reasons for my attitude. I think disease and any impairment of a person's every hon. member will agree that there mental or physical condition.
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