Politician's 'courageous act' to protect injured workers

The courageous action of one independent Queensland politician has protected vital rights of injured Queensland workers "possibly forever', a spokesperson for the Civil Justice Foundation said in Brisbane today.

The politician - Gladstone Independent Liz Cunningham - was honoured by the Foundation for her stand at a special ceremony at Old Government House on the campus of the Queensland University of Technology.

"Liz Cunningham's decision in 1996 to force amendments to the State Government's WorkCover Bill gave ultimate protection to injured workers by preserving their access to common law remedies," said Foundation spokesperson Peter Carter. "At the time, she held the balance of power in Parliament. Consequently, every seriously injured worker in Queensland now and in the future who accesses common law justice owes a debt of gratitude to her," he said.

"At the time, Liz Cunningham came under enormous personal pressure. But she faced down the Borbidge Coalition government and won key concessions to preserve common law access.

"There is no doubt that if she had not acted then, common law access may never have been revived, even under subsequent Labor governments. Put simply, Liz Cunningham's actions in 1996 have protected injured workers rights in Queensland possibly forever".

Liz Cunningham was awarded the inaugural Civil Justice Foundation Award in October 2001, but was unable to publicly receive it at the time. The formal handover was made today in the presence of lawyers, trade union representatives, parliamentarians, and individual workers, some of whom have won damages for serious injuries after accessing common law remedies.

In making the presentation, Foundation director Peter Carter said "Liz Cunningham made her stand 1996 in respect of legislation then being prepared for Parliament following the Kennedy inquiry into Workers Compensation. The government of the day failed to win Liz Cunningham's approval of the harsh measure and a watered down Bill was eventually put forward and passed".

Mr Carter said that even though the amended WorkCover Bill subsequently passed by the Borbidge government 'seriously downgraded' workers rights, access to common law remedies remained "a precious right protected by a courageous woman".

"At the time, high level government representatives told Ms Cunningham she should accept their Bill in total, otherwise huge losses would continue under the then Workers Compensation system. She didn't believe them and resisted the pressure. WorkCover profits are now high, premiums have been reduced and the Beattie government has amended the laws to restore a better balance between workers rights and the requirements of the bottom line".

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(Note: The Civil Justice Foundation was established in 1999. Its objectives are to promote and encourage the protection and enhancement of civil rights and the maintenance of an efficient and equitable civil justice system)

Further information contact: Peter Carter 3210 3409; 0414 783 542