Lessons of the Australia Capital Territory compulsory third party car accident insurance citizen jury

In March 2018, a citizen jury convened by the Australian Capital Territory (ACT) government delivered its decision regarding the design of a compulsory third party (CTP) car accident insurance system. The government’s Chief Minister Andrew Barr had committed ahead of time to implement the jury’s decision, but there are now significant political forces pushing against implementation, including Barr’s coalition partner. Adopting the jury’s decision would have significant economic implications for various parties, and as can be expected the process has been called into question. A timeline of criticisms of the citizen jury process is laid out below.

While the attacks are no doubt motivated by interests, the claims that the process itself was tainted by interests cannot be dismissed. The important, if unsurprising, lesson for those advocating the use of citizen juries for public policy is that an expectation that the fact that a decision was made by a citizen jury would by itself carry enough power to resolve significant political conflicts is unrealistic. If the citizen jury’s decisions are to have political power, the citizen jury process must be evidently democratic, i.e., representative of the population and free of elite manipulation. In the case of the ACT CTP jury, this does not seem to be the case. As a result, the jury’s decision cannot be taken at face value as being well-informed and well-considered. The “deliberative democracy” process, then, has had very little value.

The ACT CTP citizen jury, a timeline of criticisms

Even before the jury made its decision, the opposition claimed the process was rigged:

Canberra Liberals to call for inquiry into CTP citizens’ jury
By Katie Burgess, February 20, 2018

The ACT Opposition will push for higher scrutiny of the citizens’ jury on a new compulsory third party insurance scheme for the ACT after concerns the process has been undermined.

Canberra Liberals leader Alistair Coe will on Wednesday call for an inquiry into the citizens’ jury on the insurance scheme currently under way.

“The government’s first shot at a citizens’ jury has rightly made Canberrans sceptical of its merits,” Mr Coe said.

“If deliberative democracy is going to become a function of government, Canberrans need to be able to trust that it is conducted in a fair and impartial manner.

“If we can’t trust the process, then deliberative democracy will be nothing more than expensive tokenism.”
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