NSW Premier Bob Carr is setting a cracking pace as he overhauls liability laws, and is urging the rest of the states to follow his lead. Now he’s planning tough new laws to limit access to the courts for those who place themselves in danger.

The first stage of the package involved restricting compensation payouts and lawyers’ fees, and was passed through both houses of the NSW Parliament last week. One Upper House speaker in favour of the reforms was former insurance consultant Malcolm Jones, who withstood interruptions from National Party leader Duncan Gay to put the industry’s case.

Responding to demands that insurers open their books for examination, Mr Jones said the accounts are already available. “For those who can read a balance sheet, the information is all there for them to read,” he said.

Mr Carr is now working on round two, which will be introduced in September. It will limit the ability of people who sustain injury “through their own recklessness and irresponsibility” to sue for damages.

The new legislation will “bring the pendulum back towards more personal responsibility,” Mr Carr said. It is expected to prevent people who were on drugs or drunk from using their condition to argue for special consideration; ban access for people injured while committing a crime; protect operators of sporting or entertainment facilities who have met all safety standards; and protect “good samaritans” from future lawsuits.

It won’t be so easy for other states. Queensland is pursuing its own solutions and Victoria “is very constrained by a promise it made at the last election on common law rights”, Mr Carr said. “I understand it is not going to move to cap payments for pain and suffering as we have done.”