Civil Liability Amendment (Offender Damages) Bill 2007

Wednesday 5^th November 2007

Rev Fred Nile, Leader of the Christian Democratic Party, has supported the Civil Liability Amendment (Offender Damages) Bill 2007 in the NSW Legislative Council.

“The Christian Democratic Party supports the Civil Liability Amendment (Offender Damages) Bill 2007, which is the result of several court decisions relating to the offender damages provisions of the Civil Liability Act 2002. It has become necessary to amend the Act to clarify some of the definitions as they applied in historical cases. The bill also addresses a problem in the use of medical reports in offender damages proceedings. In the second reading speech to the bill in 2005 the Minister set out the objectives and intention of the legislation, but it has become clear from several cases that the courts have failed to adhere to the intention of the amendments as advised to the Parliament in the second reading speech. Those cases, and the decision of the Supreme Court in Hiron v State of New South Wales & Anor have made further amendments as contained in this bill necessary.

In the Hiron case the offender submitted medical evidence that did not contain an assessment of whole-person impairment in satisfaction of section 25C of the Act. The Government provided medical evidence, including an assessment below the 15 per cent threshold. A consequence of the drawn-out Hiron case is that without the amendments in this bill offenders and their solicitors could file proceedings seeking damages for personal injury, which would cause the Government to expend significant costs investigating the claim, medically and on the issue of liability. The bill will ensure that the original intention of the Civil Liability Act 2002 and the subsequent amendments in 2005 will be upheld”, Rev Fred Nile stated in Parliament.