Whither no-fault schemes in Australia: Have we closed the care and compensation gap?
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Abstract
No-fault compensation in New Zealand, the Woodhouse report and statutory reforms to civil liability motivated consideration of no-fault schemes in Australia. In 2011, the Productivity Commission recommended adoption of a National Injury Insurance Scheme. Since 2016, the NDIS has developed nationally, followed by variations of the NIIS for motor vehicle and workplace accidents. Compensation for injuries outside the NIIS (e.g. medical negligence), or general damages or economic loss must be recovered through compulsory third-party claims or common law. For those cases, an attractive compromise between the common law and no-fault compensation exists in Menyawi’s ‘public tort liability’.
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Alternative Law Journal
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43
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3
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© 2018 Alternative Law Journal. This is the author-manuscript version of this paper. Reproduced in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
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Private law and civil obligations
Political science
Applied ethics