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News (Media Awareness Project) - Australia: Decision Could Be Legal Minefield For Operators
Title:Australia: Decision Could Be Legal Minefield For Operators
Published On:2000-04-20
Source:Age, The (Australia)
Fetched On:2008-09-04 21:19:06
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.
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