Joe O'Toole (Independent)

My colleague, Senator Coghlan, is always fair minded in his approach and, as ever, he takes a clear line on this issue. However, there appears to be a misunderstanding. It is important that people understand what is taking place.

Much as I dislike opposing my colleague and fellow Kerry man, I cannot support his proposal. This is not due to anything he said but because the amendment reflects a lack of understanding of how the PIAB will operate. It is precisely for all the arguments made by Senator Coghlan that legal advice is referred to in section 7(1). Many members of the PIAB feel that we should not have dealt with this issue at all but, having listened to the Senator, I am glad this provision is included.

There is no place to be represented in the operation of the PIAB. It is inquisitorial, not adversarial. It works on the basis of paper. Its raison d'être is to see if we can deal with cases without dealing with lawyers. However, the objective is not to keep lawyers out of personal injury claims. Members of the PIAB recognise better than anyone, particularly in regard to fraudulent cases which have been discussed by Members on both sides on many occasions, that top class lawyers will be involved in dealing with such cases. What we are talking about are cases that will not be argued.

The PIAB has drawn up a draft guide on how it will work. One of the questions posed is what will happen after one makes a submission to the PIAB. This is crucial to Senator Coghlan's argument. It states that the PIAB will contact the insurance company, that is, the respondent, and find out if the case involves legal issues on which the court must decide. If the insurance company wants to argue legal issues, the PIAB will say, "It is over, here is a letter, we will have no more to do with it". Senator Coghlan should take this aspect on board. If any legal issue is raised, that is the end of the matter. The PIAB will write to the respondent stating that it is sorry but it cannot deal with the case. It must now go to court and follow the normal processes. In other words, there is no room for lawyers.