NSW CTP reform back on the agenda – a note from President Noel Hutley SC
Wed Mar 02 2016As members may be aware, articles in today's Daily Telegraph and the Australian Financial Review indicate that the NSW Government has CTP reform back on its agenda.
The government is committed to consultation with the legal profession and other stakeholders. Bar Association representatives have received confidential briefings from the minister and the State Insurance Regulatory Authority.
It is anticipated that the government will release a discussion paper proposing options for reform. That will be followed by a six week formal consultation period. All options (including a full no fault scheme) will be canvassed in the discussion paper.
The government has indicated its concern regarding two different and significant blowouts in claim numbers and claim costs. There has been a rapid escalation in nervous shock claims by children and in minor soft-tissue whiplash claims ( with claims harvesters are behind some of it). The government has announced the formation of a fraud task force to address fraud cases and the Bar Association has been invited to participate in that process.
The Bar Association’s Common Law Committee is meeting regarding this issue early next week. The input of members into the association’s response to the government discussion paper will be sought and the discussion paper will be circulated as soon as it becomes available.