Mr BAILEY - 1994-12-01
I refer the minister to events, which I have raised in this House, surrounding Tony Schell and his work health claim for compensation in relation to terminal cancer. Following lodgment of Mr Schell's claim, did the TIO fail to carry out its responsibility to act within an appropriate time? Does the act state that, when this happens, the claim is deemed to be accepted and can only be stopped by a court order? After some 9 months, has the TIO failed to accept its legal liability in relation to Mr Schell? While a recent part-payment has been accepted because of Mr Schell's dire financial situation, why has the government's own insurance company not complied with its legal obligation to pay Mr Schell's loss of income pending a court order to stop his claim?
ANSWER
The member has asked me about 10 different questions, Mr Speaker.
Mr Bailey: Basically, I am asking why the TIO will not meet its legal responsibilities.
Mr POOLE: Basically, the majority of questions that the member for Wanguri has asked will be decided by the courts. I do not accept that the TIO has failed in its legal obligations in any way at all. Let me add also that, as members would be well aware, I am distanced by the Territory Insurance Office Act from undertaking specific individual inquiries with the TIO because obviously the government wants the TIO to act as a commercial business and make commercial decisions. However, equally obviously, I am very concerned to ensure that the TIO does the right thing in relation to these kinds of claims.
My understanding of the situation is that, because of a technical difficulty, the TIO was placed in a situation whereby the claim was deemed to be tabled. After discussions with the TIO, it has agreed to make payments to Mr Schell for loss of earnings and reasonable medical expenses. I understand that that has occurred already.
Mr Bailey: It was not back-paid to the date when it was deemed to have been tabled.
Mr POOLE: I accept that it has not been back-paid to my ...
Mr Bailey: That is what the legal liability is.
Mr POOLE: That is not ...
Mr Bailey: It took 9 months and a minister talking to it before it would do it.
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Mr POOLE: Do you want to answer the question yourself? I do not know why you bothered to ask me.
The fact is that the courts will decide the question of whether or not the TIO is legally responsible to pay for loss of earnings and compensation. In the interim, I understand that Mr Schell is quite happy to receive a payment for loss of earnings and reimbursement of reasonable medical expenses, and the court will decide whether or not he is entitled to any additional moneys. The court could decide also whether or not he should repay the moneys that he has received to ...
Mr Bailey: Is it correct that one of the investigators said that they will appeal to the highest court in the land to refuse payment? That is in the agreement.
Mr SPEAKER: Order!
Mr POOLE: The member shows his ignorance because, if he bothered to read the act, he would know that I am not in a position to answer a question such as that. That is quite apart from the fact that I would not answer the question if I did know because the courts will decide. He will either get his money or he will have to repay it.
Mr Bailey interjecting.
Members interjecting.
Mr POOLE: I do not want to pre-empt the courts in any way. The courts will decide.
Page 383
ANSWER
The member has asked me about 10 different questions, Mr Speaker.
Mr Bailey: Basically, I am asking why the TIO will not meet its legal responsibilities.
Mr POOLE: Basically, the majority of questions that the member for Wanguri has asked will be decided by the courts. I do not accept that the TIO has failed in its legal obligations in any way at all. Let me add also that, as members would be well aware, I am distanced by the Territory Insurance Office Act from undertaking specific individual inquiries with the TIO because obviously the government wants the TIO to act as a commercial business and make commercial decisions. However, equally obviously, I am very concerned to ensure that the TIO does the right thing in relation to these kinds of claims.
My understanding of the situation is that, because of a technical difficulty, the TIO was placed in a situation whereby the claim was deemed to be tabled. After discussions with the TIO, it has agreed to make payments to Mr Schell for loss of earnings and reasonable medical expenses. I understand that that has occurred already.
Mr Bailey: It was not back-paid to the date when it was deemed to have been tabled.
Mr POOLE: I accept that it has not been back-paid to my ...
Mr Bailey: That is what the legal liability is.
Mr POOLE: That is not ...
Mr Bailey: It took 9 months and a minister talking to it before it would do it.
Page 382
Mr POOLE: Do you want to answer the question yourself? I do not know why you bothered to ask me.
The fact is that the courts will decide the question of whether or not the TIO is legally responsible to pay for loss of earnings and compensation. In the interim, I understand that Mr Schell is quite happy to receive a payment for loss of earnings and reimbursement of reasonable medical expenses, and the court will decide whether or not he is entitled to any additional moneys. The court could decide also whether or not he should repay the moneys that he has received to ...
Mr Bailey: Is it correct that one of the investigators said that they will appeal to the highest court in the land to refuse payment? That is in the agreement.
Mr SPEAKER: Order!
Mr POOLE: The member shows his ignorance because, if he bothered to read the act, he would know that I am not in a position to answer a question such as that. That is quite apart from the fact that I would not answer the question if I did know because the courts will decide. He will either get his money or he will have to repay it.
Mr Bailey interjecting.
Members interjecting.
Mr POOLE: I do not want to pre-empt the courts in any way. The courts will decide.
Page 383
Last updated: 09 Aug 2016