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Australia: Decision Could Be Legal Minefield For Operators

URL: http://www.mapinc.org/drugnews/v00/n522/a06.html
Newshawk: Australian Autohawk
Votes: 0
Pubdate: Thu, 20 Apr 2000
Source: Age, The (Australia)
Copyright: 2000 David Syme & Co Ltd
Contact:
Address: 250 Spencer Street, Melbourne, 3000, Australia
Website: http://www.theage.com.au/
Author: Darrin Farrant, Law Reporter

DECISION COULD BE LEGAL MINEFIELD FOR OPERATORS

The operators of Melbourne's supervised injecting rooms could be exposed to massive lawsuits, lawyers and the Federal Government warned yesterday.

Staff at the injecting rooms, the Victorian Government and anyone who helped to promote or set up the centres could also be at risk.

Law Institute president Michael Gawler said he was concerned that the proposal recommended against exempting the rooms' operators and the government from civil liability resulting from the conduct of the rooms.

The New South Wales and the Australian Capital Territory governments included such exemptions when they introduced injecting rooms, but the Penington proposal said insurance or indemnities would provide more appropriate protection.

Federal Health Minister Michael Wooldridge said his greatest concern about the proposed rooms was the legal liabilities of the operators.

"I think any organisation auspicing one of these ( centres ) does put themselves up for a very great legal liability," he said.

Mr Gawler said drug users who suffered harm as a result of injecting in the rooms could potentially sue the owners of the building, the lessee, the government and any outside agency that helped run, set up or promote the rooms.

They could argue they had been led to believe the centres were safe and properly supervised.

Victorian Bar Council president Mark Derham, QC, forecast that local residents might also sue, arguing the rooms had created a nuisance. 


MAP posted-by: Greg

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