Australia And The Australian Tort System Essay

1317 Words Oct 5th, 2016 6 Pages
Australia ‘498’

The Australian tort system has been bombarded with numerous criticisms. The honourable Spigelman observation of the insurance crises was that it ‘… reached … fever pitch, in the course of which there were virtually daily reports about the social and economic effects of increased premiums … even hospitals; the early retirement of medical practitioners and their refusal to perform certain servers, particularly obstetric; the inability of other professionals to obtain cover from certain categories of risk led to a similar withdrawal of services.’ 1
Practitioner growth
Firstly the claim that litigation discourages people from practicing medicine is a common criticism of the tort system. A comparison of the practitioner growth between Australia with its fault system and New Zealand with its non-fault system shows that Australia has from 2000 to 2014 a 68.92% increase in the practitioner population which is over twice as large as the New Zealand practitioner increase during those years which was 32.71%. 2

To confirm this result, further variables must be factored in, Population growth is a valued factor that may dictate practitioner growth. Australia’s population growth between 2000 and 2014 was 12.54% which is six times smaller in rate then the practitioner growth rate, whereas New Zealand’s growth between 2000 and 2014 was 16.9…%. 3 This shows that there may not be a direct link between practitioner growth and the fault system. Statistics show that the…

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