Territory Stories

Debates Day 2 - Wednesday 23 November 1994



Debates Day 2 - Wednesday 23 November 1994

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Parliamentary Record 6


Debates for 7th Assembly 1994 - 1997; ParliamentNT; Parliamentary Record; 7th Assembly 1994 - 1997




Made available by the Legislative Assembly of the Northern Territory





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Legislative Assembly of the Northern Territory

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Attribution International 4.0 (CC BY 4.0)

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Legislative Assembly of the Northern Territory



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DEBATES - Wednesday 23 November 1994 they will lose their right to claim within a matter o f days, not 3 years, as the Chief Minister said. I would like that matter clarified. Mr POOLE: The amendment will take effect once it has been assented to by the Administrator. As it contains no provision for retrospectivity, it will apply from that date. Mr EDE: That does not answer my question. We are not talking about the act. We are talking about the claims. M r Poole: Yes. M r EDE: The Chief Minister said that, if the accident happened tomorrow, the 3-year period would come into effect in 3 years time. However, it would appear from what we are saying here that it is a matter o f the time at which the claim is lodged. Thus, if a claim is not lodged in a matter o f a few days, even though the accident occurred 3 years ago, it appears that that person will miss out. That is our interpretation o f what is said here, which is not what the Chief Minister said was the effect o f the amendment. Mr POOLE: Any person affected by an accident that occurs after the Administrator* assents to the legislation will have a 3-year period in which to lodge their claim. Mr BAILEY: From the way the bill is worded, it appears that, when it is enacted, no claim may be lodged for an accident that occurred more than 3 years ago. M r POOLE: Yes M r BAILEY: Thus, if a person affected by an accident that occurred more than 3 years ago has not lodged a claim already, they will not be able to lodge a claim when this legislation is passed. We are not talking about retrospectivity. We are not referring to claims that are more than 3 years old that are being lodged and argued already. We are talking about the situation where, after the Administrator assents to this legislation, someone seeks, say, in another month or whatever to make a claim for an accident that occurred 4 years ago. From reading the amendment, it is my understanding that the government will say that it amended the act to prevent people making a claim o f that kind. If that is the case, we have a real problem with the amendment being brought in quickly because it will mean that anyone who may be considering making a claim will be disenfranchised immediately from making that claim rather than there being, as the Chief Minister seemed to imply, 3 years before this clause will affect anybody. M r POOLE: I am advised that, if you already have a right, you will continue to be able to exercise that right under section 12 o f the Interpretation Act. Bill reported; report adopted. Mr POOLE (Territory Insurance): Mr Speaker, I move that the bill be now read a third time. Mr BAILEY (Wanguri): Mr Speaker, I would like the minister to place on the record o f this Assembly a slightly more detailed explanation than that he has just given. I 1844