Inquiry into the Legal Liability of Health Service Providers

The Governor in Council, acting under section 4F(1) of the Parliamentary Committees Act 1968 and on the recommendation of the Minister for Health, by this Order requires the Law Reform Committee to inquire into, consider and report to the Parliament on issues arising out of court-based compensation for people who have suffered injuries as a result of service provided by a health provider, in accordance with the following Terms of Reference:

1. The Government is concerned that the increasing cost of professional indemnity insurance could affect access to medical services.
2. The Parliamentary Law Reform Committee is requested to investigate options with respect to the following—

• the need to ensure medical services provided are of a high standard and that where standards are not maintained people have suitable redress;
• the reduction of any disincentives to the provision of health services by fears of inappropriate liability;
• the use of structured settlements to maximise the benefit to an injured person of any financial compensation ordered by a court; and
• alternatives to the current system of court-based compensation for people injured in the use of health services.