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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
2013-10-16 Daily Xml
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APOLOGIES AND LEGAL LIABILITY

The Hon. R.B. SUCH (Fisher) (14:20): My question is to the Attorney, and it follows on from the earlier questions relating to that apology and compensation. I ask if the Attorney will look at this general area in law, because there are many people who seek an apology but cannot get one because of the risk of admission of legal liability by the person giving the apology. I know it is a wider aspect than just that involving that lad, but I ask if the Attorney will look at this area, because people have approached me, saying that all they want is an apology but cannot get one because of the legal liability.

The Hon. I.F. Evans interjecting:

The SPEAKER: The member for Davenport makes a good point by way of interjection. The Attorney.

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Planning, Minister for Industrial Relations, Minister for Business Services and Consumers) (14:21): I do thank the honourable member for his question. The issue about apologies generally is one that has actually been of concern to me ever since I have been in this place. As a matter of fact—I know the member for Fisher would recall this, and other members here might—a while ago I think then judge of the New South Wales Supreme Court, one David Ipp, decided that he was going to make an inquiry into the law of torts around Australia.

He made a number of recommendations which were then promulgated through, unfortunately, the treasurers of the day, not the attorneys of the day. Those recommendations included a number of what might be euphemistically described as 'improvements' to the law of torts. When that went through this parliament, I actually spoke to the then treasurer about the very point the member for Fisher is raising.

There is a provision in the Wrongs Act, or the Civil Liability Act as it now is, which was designed to facilitate that occurring. That has been there for some time. The exact scope of that particular provision, if I can paraphrase, is something to the effect of, 'The mere fact of an apology having been offered by an individual does not in and of itself constitute an admission of liability.' That is the gist of it. The wording may not be perfect. I am happy to have a look at the Civil Liability Act and consider whether or not the matter that has been raised by the honourable member is adequately covered by the existing provisions of the act.

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