Joe O'Toole (Independent)

I fully support this section as it is useful and necessary. In my experience as vice-chairperson of a body much beloved of lawyers, the Personal Injuries Assessment Board, I have come across legislation in which it is a breach of law to exaggerate a claim. I notice that the phrase used by the Minister here is "false or misleading". I would like to hear his view on whether the word "exaggerate" or "exaggerated" could be added to this. That goes to the core of the matter. A statement can be grossly exaggerated. There was a time when we would have been slow to use that word as there was a chance it might not have been sufficiently precise in its interpretation, but now that the word has been used in legislation on personal injuries, there is a strong case for inserting it. It keeps manners on everyone. What we are dealing with is scale.

I agree with the point made by Senator Norris in response to Senator Walsh, but Senator Walsh's point could have been made in a different way. There are minor items which might be unnecessary, but if something is irrelevant a good judge will point that out. The question of reputation is important and there is no gainsaying the point made by Senator Norris. If the primary legislation is wrong that is another matter.

I also support the point made by Senator Regan. I do not understand the need for subsection (13) which states: "This section does not apply to an application for a declaratory order." This jumps off the page. Why does it not apply to an application for a declaratory order? If somebody gives information that is false or misleading, in that case it is equally unacceptable. I do not see any reason this should be specifically excluded, unless I am missing some point of relevance. The Minister is indicating that I am.