Page 1501 - Week 05 - Thursday, 18 April 1991
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LAW REFORM (MISCELLANEOUS PROVISIONS) (AMENDMENT) BILL 1991
MR COLLAERY (Attorney-General) (10.35): Mr Speaker, I present the Law Reform (Miscellaneous Provisions) (Amendment) Bill 1991. I move:
That this Bill be agreed to in principle.
The purpose of this Bill is to make clear an area of law which still arguably applies to landlords within the ACT. In 1987, in the case of Australian Safeway Stores v. Zaluzna, the High Court determined that the common law principles of negligence should apply to the facts of occupier's liability cases. This decision of the High Court has resolved many of the difficulties of occupier's liability law. However, the law in this area is not clear in regard to a special rule that arguably may apply to landlords. A special rule, called the rule in Cavalier v. Pope, developed with respect to the relationship between landlords and tenants in the nineteenth century. At this time the courts applied a flexible standard of care to entrants of premises. The standard of care depended upon whether the entrants were invitees, licensees, contractual entrants or unauthorised persons. Thus the law in this area became very complex.
The ACT Community Law Reform Committee was issued a reference to examine and report on this special rule. The committee has recommended in its report that it is necessary to enact legislation to abolish the rule in Cavalier v. Pope so as to remove any uncertainty in regard to landlord immunity within the ACT. This Bill, by abolishing the rule in Cavalier v. Pope, will remove that uncertainty. Mr Speaker, I now present the explanatory memorandum for this Bill.
Debate (on motion by Mr Connolly) adjourned.
ADMINISTRATION AND PROBATE (AMENDMENT) BILL 1991
MR COLLAERY (Attorney-General) (10.37): Mr Speaker, I present the Administration and Probate (Amendment) Bill 1991. I move:
That this Bill be agreed to in principle.
The purpose of this Bill is to implement recommendations for the restructuring of the Office of the Public Trustee. As is explained in my presentation speech for the Public Trustee (Amendment) Bill 1991, an independent consultant, Deloitte Ross Tohmatsu, was employed to advise on measures which could be taken to restructure the Public Trustee with a view to making it financially independent, but preserving
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