Ms JODIE HARRISON (Charlestown—Minister for Women, Minister for Seniors, and Minister for the Prevention of Domestic Violence and Sexual Assault) (12:52): On behalf of Mr Jihad Dib: In reply: I thank the members representing the electorates of Terrigal, Gosford, Mount Druitt, Camden and Prospect for their contributions to debate on the Motor Accident Injuries Amendment (Claim Farming Practices Prohibition) Bill 2025, which makes important amendments for the protection of the people of New South Wales. I acknowledge the considered views that have been expressed by members across the Chamber. I also extend my appreciation to key stakeholders within the compulsory third party scheme for their contributions to the bill. Firstly, I address questions raised during the debate. The member for Terrigal made lengthy digressions into the virtues of Service NSW. I appreciate, and I have no doubt the Minister does too, the Opposition's support for the bill, even if the member for Terrigal seemed more interested in Victor Dominello than the issue of claims farming.
Regardless, the member for Terrigal noted that the reforms are sensible and build on previous reforms to make the scheme fairer. The member for Gosford shared personal experiences of people she knows. As she alluded to, motor vehicle crashes can be devastating. The last thing people need is their details being shared around and their experience being exploited for monetary gain. The member for Mount Druitt explained why the Government's previous reforms on claim farming did not extend to the compulsory third party scheme and why it is important that we mirror those provisions to prevent claim farming within that scheme.
The member for Camden addressed section 7.24 of the Motor Accident Injuries Act 2017, which deals with the process of a further medical assessment following an initial medical assessment. That is an important point. The member for Prospect importantly raised how the bill will apply to individuals who are trying to build back their lives after a traumatic incident. As the Parliamentary Secretary for Customer Service and Digital Government, the member for Liverpool, said earlier in the debate, the reforms prioritise fairness within the scheme. We are targeting the commercialisation of trauma or, as the member for Prospect called it, the "business model".
In conclusion, I go through the three broad themes that the amendments in the bill cover. Firstly, they prohibit exploitative claim-farming practices within the New South Wales compulsory third party scheme to protect the integrity and ongoing viability of the scheme. Secondly, they clarify the process for further medical assessments to support consistency and transparency in decision-making. Thirdly, they preserve the process of insurer insolvency within the scheme through appropriate legislative displacement provisions. The amendments in the bill are necessary to deal with the claim-farming practices identified within the New South Wales compulsory third party scheme. They ensure that the authority has the relevant powers to investigate and prosecute those behaviours. The offence provisions apply to any person who contacts another person to solicit them to make a compulsory third party claim in exchange for payment or another benefit, or gives or receives consideration for compulsory third party claim referrals.
The legislation has been drafted to capture behaviours that have been observed within the compulsory third party scheme, such as providers falsely advertising or purposefully misleading a potential claimant to believe that they are an agent of the insurer; potential claimants being referred or transferred between a network of providers for mutual benefit between the providers; and providers at the scene of the motor crash collecting personal details and selling that information to other providers without the consent of the person. That kind of behaviour often disproportionately impacts vulnerable cohorts of the community and can be deeply harmful. These amendments are designed to protect vulnerable claimants and safeguard the integrity of the scheme. The expansion of the regulation‑making power for advertising and other marketing services under section 11.11 of the Motor Accident Injuries Act 2017 ensures that, if necessary and appropriate, the authority may make regulations to prohibit or limit marketing services by an agent in connection with claims. The definition of an agent will capture businesses that offer services to refer, or act as an intermediary for, an injured person's claim. The bill includes specific exceptions to support the provision of legitimate legal services, including the ability of law firms and associates of law firms to conduct and engage in legitimate business practices. The bill will protect potential claimants from exploitative behaviours without limiting their ability to seek appropriate support for the purposes of their CTP claim. The bill also ensures public trust in the CTP scheme. I commend the bill to the House.
