Stephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Opposition in the Senate) Share this | Hansard source

I thank Senator Campbell for that thoughtful contribution. I move opposition amendment (1) on sheet 4822 standing in my name:

(1)    Schedule 1, page 5 (after line 27), after item 7, insert:

7A Paragraph 87E(1)(a)

After “Division”, insert “1,”.

This is a very simple amendment. As I mentioned during my remarks in the second reading debate, the parliament amended the Trade Practices Act in 2004 to insert a new part VIB. Part VIB establishes a regime to deal with compensation claims for death or personal injury. The regime only applies to specified provisions of the TPA. Section 87E of the TPA sets out the provisions of the act that are subject to part VIB; it includes prohibitions relating to unconscionable conduct and the sale of defective goods. It does not include actions arising under division 1 of part V of the act such as claims alleging injury because of misleading and deceptive conduct.

The effect of Labor’s amendment is to ensure that the damages regime contained in part VIB applies to claims for personal injury damages brought under division 1 of part V. The amendment will limit the amount of damages that are recoverable from misleading and deceptive conduct which causes personal injury in a manner which is broadly consistent with the state negligence laws. This will eliminate any incentive for forum shopping which could undermine state tort reforms. In contrast, the government’s bill proposes to abolish longstanding consumer rights. Labor’s amendment will ensure that all actions for personal injury under the Trade Practices Act are treated in the same way. It clearly deals with the potential for forum shopping and I commend it to the Senate.

Question negatived.

Bill agreed to.

Bill reported without amendment; report adopted.