Nick Xenophon (SA, Independent) Share this | Hansard source

I will be very brief because of the time constraints. Senator Fifield says that this is not set in stone. But the fact is that this is fundamentally flawed, particularly in relation to clauses 104 to 105(b). The way they have gone about the subrogation, in terms of a third party's rights to compensation, is completely at odds with what other states have done. South Australia is just one example that I am well familiar with, with section 54(7) of their act. It really does constrain an individual's rights in a way that it seems to be heavy-handed and unusually onerous. I appreciate that Senator McLucas on behalf of the government will provide a response on this, but I just want to put it on the record that we will have to revisit this, because there will be case after case after case of inequitable outcomes. I am just trying to remedy this right now rather than later.