XN000022-1984-11-21 — Page 21

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WEDNESDAY, NOVEMBER 21, 1984

+OF COURSE THERE IS ROOM FOR IMPROVEMENT IN THE FACILITIES AVAILABLE, BUT IT IS A MATTER OF PRIORITIES WITHIN LIMITED RESOURCES. I ASSURE MR WONG THAT NO ABUSED CHILD IS RETURNED TO HIS FAMILY, IN DISREGARD OF HIS OWN INTERESTS, SIMPLY BECAUSE NO FACILITIES ARE AVAILABLE FOR HIS TEMPORARY SHELTER,+ HE SAID.

ON THE QUESTION OF A CENTRAL REGISTRY OF CHILD, ABUSE CASES, MR CHING RECALLED HE HAD SAID IN THIS COUNCIL IN MAY LAST YEAR THAT HE BELIEVED THAT THE NEED FOR A CENTRAL REGISTRY OF CASES REQUIRED EXAMINATION, AND THAT HE HOPED THAT SUCH A REGISTRY WOULD INCLUDE CASES HANDLED BY THE VOLUNTARY AGENCIES.

*NOT SURPRISINGLY, THE IDEA HAS NOT ATTRACTED GENERAL ACCEPTANCE BY ALL CONCERNED, BUT I CAN ASSURE MR WONG THAT ACTIVE CONSIDERATION IS STILL BEING GIVEN TO IT IN THE SOCIAL WELFARE DEPARTMENT, HE SAID.

+CIVIL LIABILITY RIGHTLY PLACED+

*****

THE CIVIL LIABILITY (CONTRIBUTION) BILL 1984 PROVIDES A USEFUL MEASURE WHICH WILL ENSURE THAT THOSE WHO ARE REALLY THE CAUSE OF DAMAGE END UP PAYING FOR IT.

THIS WAS STATED BY HON PETER C. WONG IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY) WHEN SPEAKING IN SUPPORT OF THE BILL.

SAID.

HOWEVER, THERE WERE TWO POINTS WHICH NEEDED REFINEMENT, HE

+CLAUSE 3(4) STIPULATES THAT A PERSON WHO MAKES A BONA FIDE SETTLEMENT OF ANY CLAIM SHALL BE ENTITLED TO CLAIM CONTRIBUTION FROM ANOTHER PERSON WHO IS ALSO LIABLE FOR THE SAME DAMAGE.

+WHILE APPRECIATING THAT THE SPIRIT OF THE REFORM IS TO ENCOURAGE SETTLEMENT, IT WAS FELT THAT THE INTERESTS OF THE EVENTUAL CONTRIBUTOR SHOULD ALSO BE SAFEGUARDED, HE SAID.

IT HAD THEREFORE BEEN AGREED THAT A NEW SUB-CLAUSE STATING THAT +ON ASSESSING ANY CONTRIBUTION UNDER THIS SECTION THE COURT SHALL DISREGARD ANY PART OF THE PAYMENT IN RESPECT OF WHICH THE CONTRIBUTION IS SOUGHT WHICH APPEARS TO THE COURT TO BE EXCESSIVE+ HE ADDED.

+THIS IN FACT FOLLOWS A SIMILAR SECTION IN THE RELEVANT LEGISLATION IN VICTORIA, MR WONG SAID.

/ON CLAUSE