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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2016-06-08 Daily Xml
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Question Time

Chemotherapy Treatment Error

Mr MARSHALL (Dunstan—Leader of the Opposition) (14:07): My question is to the Premier. Are the offers made to the victims of the chemotherapy dosing errors subject to negotiation or are they 'take it or leave it' ultimatums?

The Hon. J.W. WEATHERILL (Cheltenham—Premier) (14:08): Of course they are offers made in good faith. As I understand it, these are matters for the relevant institution of government, which in this case is the South Australian government insurer, to conduct those negotiations with each of the individuals.

The proper limit of the involvement of ministers and of premiers is to ensure the policy environment is the correct one, and the correct policy environment is that these matters should be handled as the state acting as a model litigant. What that means is that the state should conduct itself not as an aggressive litigator, taking sharp legal points, or playing hardball, if you like, with a litigant but, rather, conducting themselves properly having regard to protecting, obviously, the state's interests. The state obviously doesn't want to waste taxpayers' money—

Members interjecting:

The Hon. J.W. WEATHERILL: —but it also needs to accept its responsibilities. Sorry, does somebody over there think they know the answer?

Ms Chapman: We would like an answer.

The SPEAKER: I warn the deputy leader. The member for Hartley was the cause of all the trouble and I call him to order.

The Hon. J.W. WEATHERILL: Thank you, Mr Speaker. So, of course, it then becomes a matter for the individual agency to conduct itself in a negotiation, a proper and respectful negotiation. There have been no 'take it or leave it' offers made. There has been simply a substantial offer, as I understand it, made to each of the litigants in this matter, and it is a matter for them to take their legal advice. I think we have assisted them in their legal advice by offering to pay for that legal advice. It is—

An honourable member: When did you offer?

The Hon. J.W. WEATHERILL: Right from the start, in fact. Given that the member interjects, it is worthwhile clarifying something that was erroneously put against us on the public record, that we had made a suggestion that these people should 'lawyer up' and that that was somehow an aggressive stance taken by the government. In fact, that is entirely appropriate, that we advise people to obtain legal advice. If you consider the alternative, that we make propositions or offers in the absence of that, then people wouldn't have the proper advice to assess whether or not these were matters that should be accepted by them.

So, we made a proper suggestion that people obtain legal advice. It was always our intention to pay for that legal advice. That would be part of the settlement that would be reached in relation to this matter, and that is certainty the approach we have taken. I think what also needs to be said about these matters is that each case needs to be considered on its own merits. While they arise out of similar factual circumstances in terms of liability, the effect this may have on each individual is a matter for each individual to assess. Their loss may be different. They should take proper legal advice about that. That's a matter that is now being addressed through the proper processes.

Our intervention, the minister's and my intervention, was simply to say, when we heard the complaints about delay, that an offer should be made urgently because we were talking about people who were facing life-threatening conditions. They shouldn't be dealing with the burden of worrying about whether they were running out of time—

An honourable member interjecting:

The Hon. J.W. WEATHERILL: —and addressing these legal questions. That now has happened, and I think—

An honourable member: It took too long.

The Hon. J.W. WEATHERILL: —it is important now that those matters be brought to a close as soon as possible.

The SPEAKER: For repeated breaches of standing orders 131 and 142, I call to order the members for Schubert, Morialta and Hammond, and I warn for the first time the leader and the members for Schubert, Hammond and Hartley.

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