As part of the Territory's implementation of the National Injury Insurance Scheme, the Government introduced the Lifetime Care and Support (Catastrophic Injuries) Bill 2014. Preparation of the Bill included liaison with the Human Rights Unit in the Justice and Community Safety Directorate to identify any specific human rights issues that needed to be addressed and incorporated into the Bill. These issues were set out in the Explanatory Statement to the Bill, and related to the removal of some common law heads of damage and the sharing of information with certain parties. The Human Rights Commissioner did not reach a view in relation to the removal of some common law rights. Given the nature of the Lifetime Care and Support Scheme, it was not considered that the rights referred to by Human Rights Commission were limited by this Bill, with the right to equality actually enhanced under the Bill. As a no-fault scheme, anyone who is catastrophically injured in a motor accident is able to access the scheme.
The ACT Human Rights Unit has also been consulted during the development of the new public sector legislation. This consultation will continue as the bill is finalised.