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WEDNESDAY, JULY 9, 1986
ON GRATUITOUS SERVICES, DR IP SAID THE PROPOSAL WAS THAT THE INJURED PERSON, RATHER THAN THE PERSON WHO LOST THE BENEFIT OF GRATUITOUS SERVICES, MIGHT CLAIM COMPENSATION.
+ THE RATIONALE IS THAT GRATUITOUS SERVICES ARE RENDERED AT THE OPTION OF THE PERSON WHO SUPPLIES THEM.
+HE CAN WITHDRAW THEM WHENEVER HE WISHES AND IT WOULD BE WRONG TO DEPRIVE HIM OF THE COMPENSATION WHICH IS INTENDED TO SUBSTITUTE FOR HIS ABILITY TO RENDER GRATUITOUS SERVICES.
+ DAMAGES ARE INTENDED TO PUT A PERSON BACK IN THE POSITION THEY WOULD HAVE BEEN HAD THE ACCIDENT NOT HAPPENED, SHE OBSERVED.
DR IP ADDED THAT THE AD HOC GROUP HAD IN CONSIDERING THESE AMENDMENTS, GONE INTO GREAT DETAIL TO ENSURE FAIR TREATMENT TO ALL THOSE WHO WERE DEPENDANT ON THE SUPPORT OF A VICTIM OF FATAL OR NON-FATAL ACCIDENTS AND HOPED THAT THE PROPOSALS WOULD MEET WITH THE APPROVAL OF THE JUDICIARY.
REGARDING THE FAO BILL, SHE NOTED THAT THE AMENDMENT CONTAINED IN CLAUSE 5(3) MIGHT REQUIRE AN AMENDMENT TO THE SUPREME COURT RULES TO ENSURE THAT ALL DEPENDANTS MIGHT BE JOINED AS A PLAINTIFF IN THE SAME ACTION.
SHE SAID SHE UNDERSTOOD THAT THE RULES OF THE SUPREME COURT WOULD BE RECONSIDERED BY THE RULES COMMITTEE IN THIS CONNECTION.
PRAISE FOR UMELCO AD HOC GROUP
**** *
AMENDMENTS THAT THE HOM MARIA TAM AND DR THE HON HENRIETTA 1P MOVED TO TWO BILLS HAD THE FULL SUPPORT OF THE ADMINISTRATION, THE ATTORNEY GENERAL, THE HON MICHAEL THOMAS,
THE HON MICHAEL THOMAS, SAID IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
MR THOMAS WAS WINDING UP DEBATE ON THE LAW AMENDMENT AND REFORM (CONSOLIDATION)(AMENDMENT) BILL 1986 AND THE FATAL ACCIDENTS BILL 1986.
HE NOTED THAT THESE AMENDMENTS AROSE FROM THE WORK OF A PARTICULARLY ASTUTE AND ATTENTIVE AD HOC GROUP OF UMELCO AND COMMENTED: +THE TWO ORDINANCES, AS THEY WILL FINALLY EMERGE FROM THIS CHAMBER, WILL UNDOUBTEDLY BE BETTER PIECES OF LEGISLATION AS A RESULT OF THEIR EFFORTS, AND MEMBERS OF THIS COUNCIL HAVE PROVED YET AGAIN THAT THEY CAN PLAY A MOST VALUABLE ROLE IN THE PROCESS OF LAW REFORM.+
THE ADMINISTRATION
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