Jim Hacker, Sir Humphrey, Bernard
Jim Wilkinson
NELSON MLC Jim Wilkinson has successfully moved a motion in the Legislative Council highlighting that after seven years, the Professional Standards Act 2005 has failed to deliver a benefits to consumers, professionals or tradespeople.
The Bill was designed to reduce the cost of professional indemnity insurance in the wake of the HIA crisis in the early 2000’s by capping the liability of professionals and tradespeople in negligence claims, but also ensuring practitioners were subject to stringent occupational standards and risk management strategies.
However, since the introduction of the Professional Standards Act only one scheme has been put in place and it is not and will never be operational.
Mr Wilkinson said the failure of any schemes to be operational under the Professional Standards Act highlighted that the Bill is flawed, with consumers, professionals and tradespeople consequently being worse off.
“This is reminiscent of ‘Yes Minister’, whereby legislation is introduced into the parliament and approved, yet it does not actually benefit anyone,” Mr Wilkinson said.
“The problem with the Bill lies in Section 27C, which allows two parties to negotiate a higher cap than that set by the scheme but unlike other states of Australia, this cap is not subject to the professional association administering the scheme,” Mr Wilkinson said.
“In effect, this means there is no cap on the scheme and as a result no organisation has considered it worthwhile to pursue.”
Mr Wilkinson said the failure of the Bill to see any schemes implemented was an accident waiting to happen.
“Currently John Gledhill, the former Fire Service Commissioner could face a significant negligence case against him,” Mr Wilkinson said.
“Should there be a significant negligence case proven in Tasmania such as the Gledhill case, it is likely that insurance companies will revisit the issue of Professional Indemnity insurance and upon close inspection they will realise there is no capping of schemes.
“This will mean one of two things as a result of a significant negligence payout, either premiums will increase significantly or worse still, insurers will withdraw from the market and we will return to the
situation of the early 2000’s where nobody can do work for others because they can not cover their risk.”
Mr Wilkinson called on the State Government to urgently address the issue of Section 27C in the Professional Standards Act 2005.
FIREFIGHTERS RAISE THEIR VOICES
Firies Need Full Compo Cover for Higher Cancer Risk
Paul O’Halloran MP
Greens Emergency Services Spokesperson
The Tasmanian Greens today called for state legislative reforms to mirror protections provided to firefighters on federal awards, in recognition of the chemical and cancer hazards these frontline workers experience.
Greens Emergency Services spokesperson Paul O’Halloran MP will address today’s firefighters rally organised by the United Firefighters Union of Australia in Hobart.
Mr O’Halloran said there was strong community concern over the proposed cuts to state funding of the Tasmanian Fire Service and the lowering of the Fire Service Contribution Levy indexation.
“These proposed funding cuts are clearly causing concern for many people around the state,” Mr O’Halloran said,” Mr O’Halloran said.
“My office has received no less than 177 separate representations from members of the public, voicing their concerns about this issue.”
“This report raises some concerns that need to be addressed, including Tasmania’s higher risk profile during fire events due to its demographics and socio-economic characteristics.”
“Tasmanians rightly have enormous confidence in their emergency services, and they are rightly concerned when cuts are being proposed to these vital services.”
Mr O’Halloran also flagged in Parliament today the Greens’ support for the introduction of state-based protections to ensure Tasmania’s firefighters are covered by the state’s worker’s compensation laws for occupational cancers.
“Firefighters are about twice as likely as average to die from cancer, because of regular exposure to the chemical cocktail given off by fires,” Mr O’Halloran said.
“Firefighters do their job knowing that it may lead them to develop cancers and that all they are seeking is for this to be compensated and recognised as an occupational health hazard.”
Text of Motion tabled by Paul O’Halloran MP:
That this House:
1. Acknowledges the fact that firefighters are about twice as likely as average to die from cancer;
2. Understands that firefighters’ regular exposure to the chemical cocktail given off by fires is the cause of these cancers;
3. Recognises that Federal firefighters are covered by the passing of the Safety, Rehabilitation and Compensation Amendment (Fair Protection for Firefighters) Act last year, bought on in the Commonwealth Parliament by the Greens’ member for Melbourne, Adam Bandt MP;
4. Recognises that this legislation does not cover state firefighters, including Tasmania’s 250 career firefighters;
5. Reminds the House that firefighters accept the likelihood that doing their job may lead them to develop cancers and that all they are seeking is for this to be compensated and recognised as an occupational health hazard;
6. Believes it is wrong that firefighters currently save lives but sacrifice their own, without them or their families having adequate compensation cover; and
7. Supports the swift introduction of state-based protections to ensure Tasmania’s firefighters are covered by the state’s worker’s compensation laws for occupational cancers.
