Page 5297 - Week 17 - Thursday, 13 December 1990
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MR CONNOLLY (10.33): I would certainly support the comments that Mr Moore made, but there is another point to which I think the Minister's attention should be drawn. Last time I made some remarks the Minister missed them; so I would like to drag the Minister away from his Christmas cards for a minute.
The question arises from this entry power, Minister, in that the entry power is to "enter and inspect any premises occupied ... by the Board". I am wondering whether the intent is merely to enter premises or whether an intent is there to enter premises and, for example, inspect documents, open filing cabinets and look for records. It is somewhat vague. We would be concerned about such a far-sweeping provision. If it is a power to simply look at a room, I am wondering why it is necessary. It is an odd provision to be limited to inspecting premises, unless you are doing it merely to make sure that there is no rising damp in the walls. So I would like an explanation from the - - -
Mr Humphries: To see that they comply with health standards. This is the Minister being able to inspect premises of the board.
MR CONNOLLY: So, this is merely for health standards of premises occupied by the board; there is no intention to look at documentation?
Mr Humphries: Well, I would not have thought so, from looking at those words, no.
MR CONNOLLY: I am glad to hear that. The explanatory memorandum merely repeats the provisions of clause 58, and it did occur to me that there may have been some intention to give a broader power of inspection. I am reassured to hear that there is not.
MR HUMPHRIES (Minister for Health, Education and the Arts) (10.35): Notwithstanding all the snide comments about secrecy and haste and so on, I am prepared to consider Mr Moore's suggestion, notwithstanding that it comes after the Bill had sat on the table for two weeks without it having been suggested. Presumably Mr Moore has made the suggestion while he has been sitting down here on the floor of the house, so I do not think he is in any position to complain about things being done in haste.
Nonetheless, being an eminently reasonable and intelligent man, I am extremely happy to consider Mr Moore's suggestion, but not in the form in which he proposes it. I am advised that the form of words he puts forward would have the effect of putting into question the issue of validation by the Minister of every person's identity card every time it was to be used to enter premises, and that is an unintended complication which would make it very difficult in practice to be sure of being able to effectively administer the power provided for in clause 58.
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