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Title

GENE TECHNOLOGY BILL 2000

GENE TECHNOLOGY (CONSEQUENTIAL AMENDMENTS) BILL 2000

GENE TECHNOLOGY (LICENCE CHARGES) BILL 2000

In Committee

Database

Senate Hansard

Date

04-12-2000

Source

Senate

Parl No.

39

Electorate

Northern Territory

Interjector

CHAIRMAN, The

Page

20590

Party

CLP

Presenter

 

Status

Final

Question No.

 

Questioner

 

Responder

 

Speaker

Tambling, Sen Grant

Stage

In Committee

Type

 

Context

Bills

System Id

chamber/hansards/2000-12-04/0299


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Monday, 4 December 2000
Page: 20590


Senator TAMBLING (Parliamentary Secretary to the Minister for Health and Aged Care.) (10:01 PM) —Can I again refer the senators, and particularly Senator Brown, to the submission made by the Department of Health and Aged Care to the Community Affairs References Committee. This information was made very publicly available to the committee, of which he was a member, and I refer the senator to page 144 of that submission:

There are common law actions available to third parties to deal with such situations.

The remedies that may be available to a party at common law will depend on the particular facts of the case and how the risk is characterised.

In summary, a third party may have an action in negligence, trespass or nuisance, and may also seek to restrain the ongoing commission of a tort by injunction. In order for a plaintiff to be successful in an action for negligence, the plaintiff must establish four elements:

· a legally recognised duty of care to another person, or class of persons;

· a breach of that duty by failing to meet the legally recognised level of conduct required in the circumstances;

· a causal link between the breach of duty and the harm alleged to have been suffered; and

· compensable damage or loss on the part of the plaintiff flowing from the breach.