Queensland Law Society

Law Society gives cautious support to proposed disability insurance scheme

Date 26 Aug 2011
Contact Natalie Graeff, Manager Corporate Communication
Phone (07) 3842 5868
Mobile 0488 433 884
Fax 07 3221 9329
Email n.graeff@qls.com.au

Queensland Law Society today said it welcomed the release of the Productivity Commission’s recommendation for national insurance schemes for disabled people, but is cautious about potential negative impacts to people’s rights.

Society president Bruce Doyle said the commission’s recommendations for a National Disability Insurance Scheme would benefit many people who are born with or develop a disability but who currently receive inadequate financial assistance.

“However, we want to be careful that  the recommendations empower people with disabilities and do not diminish their rights, such as the proposal to consider the abolition of common law rights in personal injury matters in 2020,” Mr Doyle said.

“For disabilities cases resulting from catastrophic injury, the National Injury Insurance Scheme (NIIS), while offering care and support for these people, also proposes to abolish some rights to sue for personal injuries.

“We believe people should retain their common law rights to pursue litigation, and be able to choose which path they take – civil action or scheme based care.

“We welcome the proposals for both schemes provided they do not dictate to disabled people and their families how they can secure their future, preserving their ability to make choices about treatment and care”.