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Broadly, the main changes are:


• clause 22, which contained the provision for 15% thresholds and increasing the discount rates did not pass and will not form part of the Act;


• there have been some changes to the costs provisions, but exemptions apply for children and concession card holders in some important circumstances;


Third Party Insurance Bill


The ACT Law Society welcomed the amendments to the Road Transport (Third-Party Insurance) Act 2008 (ACT) on 25 August 2012. The Government had sought to introduce steep thresholds to claims for non-economic loss and an increase to the discount rate. If passed in its original form, the Government’s Bill would have prevented most people injured in motor vehicle accidents from receiving compensation for pain and suff ering and would have seriously reduced their entitlement to compensation for future care and loss of income. Thankfully, the Liberals and the Greens amended the Government’s Bill to remove the repugnant provisions.


The Society was disappointed that the Government chose to ignore the fi ndings of the Standing Committee on Public Accounts’ Inquiry into the Bill. However, we were pleased to see that the Assembly examined the issues and made sensible amendments. All parties contributed useful amendments to the 2008 Act, righting some wrongs and injustices, providing some added protections for children and the disadvantaged and fi ne tuning procedures.


The Society has been engaged in this campaign for a number of years and we are pleased that the legal profession’s concerns have been heeded. The Society is continuing in its eff ort to improve the provision of third-party insurance in the ACT and it is committed to working with the Government and other key stakeholders to that end.


At the time of printing, the fi nal version of the Bill had not been drafted and notifi ed. It is expected that the amendments will become eff ective on 1 January 2013.


• there will no longer be a requirement for certifi cation of readiness for trial prior to a compulsory conference;


• the Act is to be reviewed every three years, instead of two; and


• the time for applying for early treatment has been extended from 28 days from the date of accident to 30 working days and can be suspended for some forms of disability.


Legal help following a disaster


The ACT Legal Aid Forum has developed an Emergency Legal Help Plan which would be triggered by a disaster of the kind experienced in 2003 when devastating fi res tore through the South Western perimeter of Canberra. The Law Society’s principal role in the event of an emergency would be to marshal a force of lawyers prepared to volunteer their services to help disaster victims.


Major streamlining of complaints handling procedures


Over recent months the Society has carefully reviewed in detail its procedures in handling complaints from members of the public in respect of the professional conduct of solicitors. The Society has done so in order to respond to changing circumstances occasioned by the growth of the Society’s membership over the past 15 years. The possible introduction in 2013 of the Legal Profession National Law is also expected to bring new responsibilities for the Society.


It is proposed to delegate greater responsibility to an augmented Complaints Committee backed up by a rigorous review process by the Council where appropriate. The Society will soon be in a position to discuss its proposals with the ACT Attorney-General to whom it is


responsible for the statutory powers it exercises.


Supreme Court docket system


The Supreme Court docket system has now commenced.


The impetus for the docket system arose from the Justice and Community Safety Directorate and the Supreme Court and has been largely designed by Justice Penfold and the Registry, with some input from the profession, including the Law Society. Overall, the system will only work as well as the judicial offi cer with control of the particular matter and their ability to communicate eff ectively with the various legal representatives while ensuring prompt and effi cient attention to preparation. The attitude and commitment of the profession will also be crucial.


There is a good prospect that docketing of complex and larger matters will greatly assist in overcoming the problem of one party ‘dragging the chain’, either due to ineffi cient work practices or by a desire to delay bringing the matter to hearing by whatever means available.


There is a concern in the profession, that while properly managing matters at an earlier stage is a great idea, if it is not linked to prompt hearing dates and short times between hearing and judgment, the commitment of the profession will soon wane.


The Society has been assured that one of the main advantages of a docket system is that it allows judicial offi cers to manage their own lists and time. It is envisaged that this will enable judicial offi cers to roster suffi cient time to write judgments immediately or soon after the hearing.


Judicial complaints


On 2 August 2012, the Law Society wrote to the ACT Attorney-General recommending the establishment in the Territory of a Judicial Complaints Commission of the kind which exists in New South Wales.


In the alternative it has been recommended that the ACT come to an arrangement with the New South Wales Government to permit such complaints to be made to the New South Wales Judicial Commission.


41


AUSTRALIAN CAPITAL TERRITORY


Noor Blumer, President, ACT Law Society


MAR–MAY 2012


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