No Fault Based System Essay

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Recommended: Queensland law reform

Good morning/afternoon ladies and gentlemen. My name is Ayli Dolat and I’m a member of the Queensland Law Reform Commission (QLRC). Firstly, I wish to thank the organisers of this event for the interest they have expressed in my participation. This conference gives me an opportunity to reflect, with you, on the current laws of our state relating the No fault and fault based systems, their strengths and weaknesses and the effects these systems could have on the legal system and more importantly on our daily lives. The three main areas that I will be focusing on for today’s presentation are, the impartiality of each system, cost and time and lastly the coverage of each scheme.

Annually, more than 150 000 Australians file a personal injury compensation claim for medical conditions resulting from workplace or transport accidents (Collie, 2011), with twenty-five thousand of them being Queenslanders. In “fault” states such as Queensland, those who can prove fault in a traditional tort system are covered and those who are unable to do so will fall back to their own resources and in some cases social welfare for support. In “No-fault” states however, there is no need to establish legal blame for the cause of an accident before receiving compensation (Armstrong, Tess, 2008), meaning that no matter the circumstances the effected person or people will receive compensation. …show more content…

In similar cases, although the person affected might be severely injured, there is no legal claim they can make for compensation (MacDonnells Law, 2015). It is also important to note that in many cases it may be too difficult to prove fault or negligence due to lack of physical evidence or witnesses (Armstrong, Tess,

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