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Thursday, 12 December 2002
Page: 7994

Senator COONAN (Minister for Revenue and Assistant Treasurer) (9:34 PM) —I now have the definition in the Civil Liability Amendment (Personal Responsibility) Bill to hand, which is the New South Wales position. I am able to tell the Senate that the bill states:

In this section:

incapable person means a person who, because of the person's young age or a physical or mental disability, lacks the capacity to understand the risk warning.

Obviously that is a matter that would vary from person to person and circumstance to circumstance. That is obviously the New South Wales position, but I am certainly not saying that that is the case in every state. I think the fundamental and underlying point is that we are not taking away the rights of minors. They have the right to sue for negligence as provided by state legislation.