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ACT Law Society backs Greens rejection of ‘unfair’ CTP scheme
ACT Law Society president Chris Donohue has commended the ACT Greens in deciding to oppose the Barr government’s proposed Compulsory Third Party Scheme.
Emma Musgrave
Mr Donohue said the ACT Greens have correctly identified many of the flaws in the government’s proposal of the CTP scheme, noting that most injured people will be worse off if the CTP scheme proceeds in its current form.
“The processes that provide for review of insurers’ decisions are woefully inadequate. The proposed treatment of injured children and injured older people will ensure they are particularly disadvantaged,” he added.
To further his point, Mr Donohue noted that the government’s own reports “indicate that about 90 per cent of crash victims will be worse off under the proposed scheme”.
“This means many innocent road accident victims will no longer be fully compensated for their injuries,” he explained.
“The imposition of a whole person impairment test is a brutal mechanism that will be used to exclude people from accessing compensation for injuries sustained through no fault of their own in a motor vehicle accident.
“The only winners from the government’s proposals will be the insurance companies. The potential additional profit of the insurance companies has been calculated to be in excess of $15 million per year.”
Further, Mr Donohue said the ACT’s neighbouring state NSW has proven that information provided to claimants by insurers can be inaccurate or even misleading.
“Government assurances that dishonest conduct can be regulated through the imposition of licence conditions on insurers is laughable,” he said.
“Similarly, government assertions that early treatment and care will be ‘safeguarded’ in their proposed scheme through the imposition of time lines, guidelines, conditions on insurer’s licences and the imposition of sanctions by the regulator is not credible. There are already timelines, guidelines, licence conditions and potential sanctions in place under the existing scheme. It is difficult to see how the new version will remedy what the old one has failed to achieve."
In conclusion, Mr Donohue said similarly to the ACT Greens, the Society believes that the objectives set out by the citizens’ jury are achievable.
“Unlike the Barr government, the Society strongly believes that these objectives can be achieved without resorting to arbitrarily cutting the compensation payable to innocent road accident victims,” he added.
“The Society will continue to work to ensure that the government rethinks its harsh and unfair pro-insurer CTP scheme proposal.”
Last year, Canberra-based lawyer Arthur Marusevich also flagged concerns about the CTP in the ACT, urging the government to address key concerns before finalising the scheme.
Emma Musgrave
Emma Musgrave (née Ryan) is the managing editor, professional services at Momentum Media.
Emma has worked for Momentum Media since 2015, including five years spent as the editor of the company's legal brand - Lawyers Weekly. Throughout her time at Momentum, she has been responsible for breaking some of the biggest stories in corporate Australia. In addition, she has produced exclusive multimedia and event content related to the company's respective brands and audiences.
Prior to joining Momentum Media, Emma worked in breakfast radio, delivering news to the Central West region of NSW, before taking on a radio journalist role at Southern Cross Austereo, based in Townsville, North Queensland.
She holds a Bachelor of Communications (Journalism) degree from Charles Sturt University.
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