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| Mike Elliott Leader Australian Democrats Member of the Legislative Council |
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Legislative
Council |
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| Mike Elliott Leader Australian Democrats Member of the Legislative Council |
Parliament Index |
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WORKCOVER
The Hon. M.J. ELLIOTT: I seek leave to make a brief explanation before asking the Attorney- General, in his own right, and also representing the Minister for Government Enterprises, a question about the WorkCover Scheme Critical system.
Leave granted.
The Hon. M.J. ELLIOTT: I have been approached by injured workers who have been affected by what is known as the Scheme Critical list of the workers' compensation system. It is not a surprise that WorkCover would have a Scheme Critical list, but of bigger concern are the consequences for a person finding themselves on the list. If WorkCover does not get its way I understand that these are cases that it considers would open the way for other claims in these areas and, as such, it sets about fighting them very hard. That raises the first issue for many of these people, that they find themselves in very lengthy and very expensive litigation-
The Hon. T.G. Roberts: Test cases.
The Hon. M.J. ELLIOTT: -test cases-which, as individuals, they cannot afford to get involved in, and they are involved just because they happen to be in a case that has been deemed Scheme Critical. That is the first matter that has been raised in relation to it. The other one-and one that causes me equal concern-is the claim that the Scheme Critical list is distributed to both the tribunal and the Supreme Court, and is distributed not just in relation to a case but in fact the list is made available. Rather than the case being argued simply on its merits, the tribunal and justices are really beyond the case but are being told, `Here is a list of Scheme Criticals, and you must take that into account.' There has been some concern about the pressure of something being deemed Scheme Critical rather than simply arguing a case on its merits. My questions are:
1. Does the Attorney-General acknowledge that there is some injustice for those people of limited resources-the injured workers-being involved in these lengthy and expensive Scheme Critical cases, and that they should also receive some level of financial support because it is a test case?
2. Is the Attorney-General aware that members of the tribunal, and I believe also justices, are being told outside of individual cases that there is a Scheme Critical list and who is on it? Will the Attorney comment on that?
The Hon. K.T. GRIFFIN (Attorney-General): I have not heard of the criticisms raised by the Hon. Michael Elliott. I think the best thing I can do is to undertake to make some inquiries and bring back replies. With respect to the second question in particular, I do not know what the level of circulation of information might be which could potentially compromise parties before the tribunal, but it is an issue that I undertake to follow up. I will bring back replies.
