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Marcus, Shaun --- "President's Page: Illuminating the Issues" [2023] PrecedentAULA 49; (2023) 178 Precedent 3

Illuminating the issues

By Shaun Marcus

Personal injury and insurance law face unique and evolving challenges. The ALA is, and has always been, at the frontline, advancing the rights of individuals. Our members work tirelessly to bring current issues to the forefront of the governmental agenda. We are seen as leaders in insurance law matters. I take this opportunity to report on just some of the projects our members are working on in this sphere and beyond. I am proud to be part of an organisation that cares so deeply about the people that it represents. This is reflected in the quality of the work, some of which I detail below.

ABUSE LAW SPECIAL INTEREST GROUP (SIG)

As a result of the ongoing discovery of historical abuse cases, abuse law is ever expanding. Our SIG has been passionately advocating for consistency in the law across Australia for victims of abuse.

The ALA is gravely concerned by numerous decisions of Australian courts that have granted orders permanently staying civil law claims brought by survivors of historical child sexual abuse in circumstances where the alleged perpetrator of the abuse is deceased or infirm at the time of hearing and was not previously confronted with the express allegations.

At the time of writing, the High Court is expected to shortly deliver its judgment on GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore.^[1]

The ALA will continue to speak out for such vulnerable plaintiffs.

NATIONAL DISABILITY INSURANCE SCHEME (NDIS)

The ALA continues to advocate for a sustainable but fair NDIS, which is critical for the health and wellbeing of thousands of Australians each year. Substantial reforms are now needed to guarantee its future success.

Our advocacy aims to address the problems associated with the National Disability Insurance Agency’s planning and decision-making processes. NDIS participants need appropriate external review rights for poor decision-making, with the ability to engage a lawyer to assist in the process.

SERVICES AUSTRALIA

High on the ALA’s policy agenda is improving our clients’ interactions with Services Australia following a compensation claim. Legislative amendment to reduce the current requirements for reporting compensation outcomes in certain circumstances will assist in reducing Medicare and Centrelink delays, as will technological improvements to make the reporting requirements more efficient.

E-SCOOTERS

As new technology becomes more accessible we face ongoing challenges. Over the last two years e-scooters have become a viable transport option for consumers and accordingly their popularity has exploded. Injuries from e-scooters have risen over 200 per cent in some states,^[2] with many of those hurt, either using an e-scooter or being struck by an e-scooter, without effective insurance coverage.

The ALA proposes that governments require commercial e-scooter hire companies to offer high-level insurance to their riders and members of the public and that insurance policies be made available for privately owned e-scooters. These policies do not currently exist in Australia.

CONCUSSIONS IN SPORT

The ALA is advocating for compensation schemes to be made available to athletes suffering from the long-term effects of concussions sustained in sport. This is a developing area of science and the law, which will be significant over the coming years for many of our members and their clients.

CONCLUSION

As active and robust leaders in the realm of insurance law, the ALA calls upon governments to correct wrongs, and ensure that the law is structured in a manner that protects and fosters healing for vulnerable complainants. Indeed, this area of law has faced some complicated questions of late, with further issues emerging on the horizon, but I believe we are well placed to lead the important conversations required to advance the rights of individuals. The ALA will continue to illuminate these issues and call upon governments and policy makers across Australia to respond.

Shaun Marcus is a partner at Arnold Dallas McPherson Lawyers. PHONE 03 9670 9066 EMAIL Shaunm@ardmc.com.au.

^[1] [2023] HCAASP 22.

^[2] See, for example, K Raubenheimer et al, ‘Western Australian State Trauma Registry analysis of incidence and injury patterns associated with e-Scooter injuries: 5-year retrospective case series’, ANZ Journal of Surgery, 93 (7-8) (July/August 2023) <https://onlinelibrary.wiley.com/doi/full/10.1111/ans.18538>.