Page 2071 - Week 07 - Tuesday, 28 May 1991
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
SMALL CLAIMS (AMENDMENT) BILL 1991
Debate resumed from 2 May 1991, on motion by Mr Collaery:
That this Bill be agreed to in principle.
MR CONNOLLY (8.19): Mr Speaker, this is a consequential amendment to the landlord and tenant package that we have just agreed to. As the Attorney indicated in his speech, this has the simple effect of allowing the court, where there has been a dispute over the bond, to in its order, in effect, direct the residential tenancy board to pay the bond over to the successful person rather than, as would ordinarily be the case, having the judgment paid into the court and then paid out again to the successful litigant.
This is merely a machinery provision which simplifies that and ensures that, when there has been an order of the Small Claims Court, the disputed bond is paid to either the tenant or the landlord or in such proportion or such quantity as is to be paid in either direction. The public servants exercising the responsibilities under the Landlord and Tenant Act can thus pay that money pursuant to a court order direct to the successful litigant rather than into the court and out again. It would seem to save paperwork and be a sensible administrative move which the Opposition has no quibble with.
MR COLLAERY (Attorney-General and Minister for Housing and Community Services) (8.21): I thank Mr Connolly for his comments and take this opportunity, now that both pieces are on the table, to make a couple of more general comments. The key issue brought up in consultations, which the Government has resolved collaboratively, relates to lodgment of condition reports. This has been fully endorsed by community groups and the Magistrates Court and it is considered an essential item to provide a proper and orderly information base for the resolution of disputes.
This brings me to the question of mediation. The Conflict Resolution Service will be the approved mediator for the office, and I am sure members will support that notion. Of course, these are early days and we will be watching carefully as to how it goes. But that opportunity for mediation will, as Mr Connolly observed earlier, be an interesting chance to start some new process of alternative dispute resolution in this community. It is a small arena to try it out in, but a useful pilot study. Of course, the Bill will preserve the option of taking matters before the due processes of the Small Claims Court.
I should add that my officials have sought assurances from the Small Claims Court that the speediness and responsiveness that we require to give effect to the spirit of this legislation will not be lost sight of, and that the Small Claims Court will do its utmost to ensure that these
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .