Assistant Treasurer Senator Helen Coonan today welcomed moves by the South Australian Government to implement tort law reform to reduce the pressure on public liability insurance payouts.
Senator Coonan said that South Australia was moving to implement a raft of measures which were consistent with changes being implemented by the Commonwealth and other States.
"South Australian Treasurer Kevin Foley has been involved in the two successful Ministerial Meetings on public liability insurance and I am pleased to see that he has now announced a range of measures in accordance with the agreements made at those meetings," Senator Coonan said.
"The South Australian reforms will cap damages for personal injury, restrict liability where plaintiffs are intoxicated or committing a crime and importantly introduce changes to complement the Commonwealth's legislation to allow waivers for risky recreational activities.
"And the South Australian Government is moving to allow damages to be paid as periodic payments or structured settlements, rather than one-off lump sums. This change follows amendments to the tax law put forward by the Commonwealth to ensure people who receive structured settlements are not disadvantaged.
"I would like to commend all those State Governments who have been acting in a coordinated way with the Federal Government to help find a solution to this complex problem."
Senator Coonan said Victoria and the ACT were the only two jurisdictions yet to take substantive action in the area of tort law reform. Tasmania has not moved to date, but already has some statutory limitations on common law claims.
"I would urge all States and Territories to follow the lead being set by those states that have acted decisively on this issue and do what they can as part of a consistent national approach," Senator Coonan said.