Hansard

Like others, I would like to congratulate Bill Butler on bringing this bill through to stage 3. I am sure that it will be passed at 5 o’clock. Bill has shown himself to be a complete parliamentarian, and he has been dogged and determined in pursuing the issue. When it becomes statute, the bill will make a real difference.

I compliment the minister on his constructive attitude in working with Bill Butler; I pay tribute to Thompsons Solicitors for the work that they have done and I pay tribute to the members of the Justice Committee, under the assured and competent stewardship of Bill Aitken, for the work that they did during the passage of the bill.

Robert Brown said that the important thing about this bill is that it affects real people. When there are wrongful deaths—for example, in accidents at the workplace—it is very stressful for the families who are left behind. That stress is compounded if the legal process is lengthy, with contentious issues being fought out in the courts by both sides. As Bill Butler said, the purpose of the bill is to create a cohesive and modern approach to achieving settlements. I believe that the bill will substantially improve the current situation: it will give greater clarity; it will reduce the time required; and it will mean less stress for the relatives. People will receive compensation more quickly, which will allow them to move forward, regain an element of stability and try to rebuild their lives.

During this stage 3 debate, members have drawn to our attention two main issues that have changed since our stage 1 discussions. First, there is the 25 per cent deduction for living expenses—and the corollary of that, which is the 75 per cent available for family support. At stage 3, that has become the default position, which will change only if the settlement is “manifestly and materially unfair”. The Parliament must be clear that that will apply only in exceptional cases, and I am glad that so many speakers in the debate have pointed that out.

A similar principle applies in relation to spousal disregard. The minister again made the position absolutely clear: he said specifically that it would be in only truly exceptional cases that the default of spousal disregard would not be followed—that is, only when something was “manifestly and materially unfair”. It is clear that the Parliament speaks with one voice on those issues, giving a clear signal to the courts.

In politics, it is important to make a difference. In passing this bill, the Parliament will make a difference and we should congratulate Bill Butler on pushing the issue forward and on seeing the bill through to completion. It will make a difference to people who have to endure the processes involved in reaching settlements in court.

15:38