Appendix A:
A.1
Consultation
Introduction
The Victorian Competition and Efficiency Commission (the Commission) received the
terms of reference for an inquiry into aspects of the Wrongs Act on 30 May 2013. The
Commission published an issues paper in July 2013, which outlined:

the scope of the inquiry

how to make a submission

the Commission’s consultation process

the inquiry timetable.
The issues paper invited participants to register an interest in the inquiry and to make
submissions. The Commission received 28 registrations of interest and 18 written
submissions before the release of the draft report. A further seven submissions were
received following the release of the draft report (section A.2).
The Commission consulted widely (including meetings, visits, email correspondence and
telephone conversations) with Commonwealth, state and local government
departments and agencies, representatives of the insurance sector, legal practitioners,
associations, academics and clubs (section A.3). The Commission also engaged with
inquiry participants through Facebook and Twitter.
The Commission thanks those people and organisations that participated in its
consultation process and/or made a submission to the inquiry. The Commission
appreciates the quality of the submissions, reflecting the thought and effort which has
been put into their preparation. The Commission also thanks Dr Genevieve Grant,
Monash University, for providing comments on a draft of chapter 3 prior to release of
the draft report.
A.2
Submissions
All submissions that are public documents can be viewed on the Commission’s website
(table A.1).
Submissions received
No.
Participant
No.
Participant
1
Confidential
2
Royal Victorian Aero Club (1)
3
Confidential
4
Australian Aviation Insurance Forum
5
The Department of Infrastructure and
Transport (Cth)
6
Monash Law Students’ Society’s Just
Leadership Program
7
Health Services Commissioner
8
Norton Rose Fulbright
9
Australian Lawyers Alliance
10
Aircraft Owners and Pilots Association
of Australia
11
Common Law Bar Association of
Australia
12
Municipal Association of Victoria (1)
13
Law Institute of Victoria (1)
14
Insurance Council of Australia (1)
APPENDIX A: CONSULTATION
121
Table A.1
Submissions received (cont.)
No.
Participant
No.
Participant
15
Corrs Chambers Westgarth (1)
16
Avant Mutual Group Limited (1)
17
Australian Medical Association
(Victoria) Ltd
18
Wotton + Kearney
DR19
Avant Mutual Group Limited (2)
DR20
Municipal Association of Victoria (2)
DR21
Insurance Council of Australia (2)
DR22
Australian Risk Policy Institute
DR23
Corrs Chambers Westgarth (2)
DR24
Law Institute of Victoria (2)
DR25
Royal Victorian Aero Club (2)
A.3
Stakeholder consultations
The Commission consulted with a wide range of stakeholders including representatives
from government, universities, courts, private industry and associations. In total the
Commission met, had email correspondence or conducted telephone discussions, with
around 30 organisations and individuals (table A.2).
Consultation participants
Organisation or Individual
Organisation or Individual
Monash University
Attorney-General
 Dr Genevieve Grant
Australian Medical Association (Victoria) Ltd
Municipal Association of Victoria
Avant Mutual Group Limited
NSW Self Insurance Corporation
Mr Daniel Masel S.C., Barrister
Office of the Health Services Commissioner
County Court of Victoria
QBE Aviation
Department of Justice
Queensland Government Insurance Fund
Department of Premier and Cabinet
Mr Robert Dyer, Barrister
Department of Treasury and Finance
Royal Victorian Aero Club
Essential Services Commission
Supreme Court of Victoria
Insurance Council of Australia
Transport Accident Commission
University of Melbourne
Lander and Rodgers Lawyers
 Dr Catherine de Fontenay
 Professor Harold Luntz
University of Sydney
Law Institute of Victoria
 Dr Peter Abelson
Medical Panels Victoria
Victorian Managed Insurance Authority
Minister responsible for the Aviation Industry
Victorian WorkCover Authority
A.4
Stakeholder group meetings
The Commission held stakeholder group meetings with:

Insurance Council of Australia – 6 August 2013 (table A.3)

Supreme Court of Victoria – 21 August 2013 (table A.4)

Common Law Bar Association – 28 August 2013 (table A.5)

County Court of Victoria – 17 September 2013 (Table A.6)
122
ADJUSTING THE BALANCE: INQUIRY INTO ASPECTS OF THE WRONGS ACT 1958
Insurance Council of Australia meeting
Participant
Title and Organisation
Eva Urban
Stakeholder Management Advisor, Suncorp Group
Justine Hall
Senior Policy Advisor, Insurance Council of Australia
Nicholas Scofield
General Manager of Corporate Affairs, Allianz Australia
Insurance
Troy Browning
Managing Director, Medical Indemnity Protection Society
Vicki Mullen
General Manager, Insurance Council of Australia
Supreme Court of Victoria meeting
Participant
Title and Organisation
The Hon Justice Jack Forrest
Supreme Court of Victoria
The Hon Justice David Beach
Supreme Court of Victoria
The Hon Associate Justice
Rita Zammit
Supreme Court of Victoria
Claire Downey
Law Reform Policy Officer, Department of Justice
Clare Bradin
Common Law Division Legal Policy Officer, Department of
Justice
Common Law Bar Association meeting
Participant
Title and Organisation
David Martin
Secretary, Common Law Bar Association
Andrew Keogh S.C.
Council Member, Common Law Bar Association
Patrick Over
Council Member, Common Law Bar Association
Stephen O’Meara S.C.
Council Member, Common Law Bar Association
Arushan Pillay
Council Member, Common Law Bar Association
Matthew Hooper
Council Member, Common Law Bar Association
County Court of Victoria meeting
Participant
Organisation
The Hon Judge
Frank Saccardo
County Court of Victoria
The Hon Judge James Parrish
County Court of Victoria
A.5
Roundtables
The Commission held two roundtables following the release of its draft report. The first
roundtable was held to discuss the draft recommendations and the Commission’s
assumptions and estimates on the impacts of the draft recommendations on insurance
premiums. The participants are listed in table A.7 below. The second roundtable was
held to discuss ways to improve medical panels processes. The participants are listed in
table A.8 below.
APPENDIX A: CONSULTATION
123
Draft recommendations and estimates
roundtable – 4 December 2013
Name
Organisation
Nick Lyons
Law Institute of Victoria
Dina Tutungi
Law Institute of Victoria
Vicki Mullen
Insurance Council of Australia
Justine Hall
Insurance Council of Australia
Tim Tobin S.C.
Common Law Bar Association
Gemma-Jane Cooper
Common Law Bar Association
Dr Genevieve Grant
Monash University
Medical panels roundtable – 17 December 2013
Name
Organisation
Ross Sicilia
Medical Panels Victoria
Dr John Malios
Medical Panels Victoria
Rachel Gualano
Medical Panels Victoria
Dimitra Dubrow
Law Institute of Victoria
Nicholas O’Bryan
Law Institute of Victoria
Kate Hughes
Avant Mutual Group Limited
Georgie Haysom
Avant Mutual Group Limited
John Smith
Municipal Association of Victoria
Ivan Ciardullo
Municipal Association of Victoria
Noa Zur
Wotton + Kearney
Andrew Seiter
Wotton + Kearney
Allison Hunt
Norton Rose Fulbright
Jack Prettejohn
Norton Rose Fulbright
Roisin Annesley S.C.
Common Law Bar Association
Michelle Britbart
Common Law Bar Association
124
ADJUSTING THE BALANCE: INQUIRY INTO ASPECTS OF THE WRONGS ACT 1958