Page 2938 - Week 10 - Thursday, 15 August 1991
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other than legal practitioners, admittedly where there is leave; but the circumstances where leave should be granted are set out - basically, where it would be likely to shorten the proceedings and reduce costs. So, there is that degree of flexibility and that intention, at least, to encourage the possibility that persons who are not necessarily legally trained can be called in to assist in arbitrations.
Mr Speaker, in essence, as we said at the outset of this Bill, this does allow the ACT to comply with a move towards uniformity that was recommended by the Standing Committee of Attorneys-General. Our Act requires somewhat less amendment than Acts in other States because it was a fairly modern form of commercial arbitration head Act, being enacted first in 1986. I commend the amendments to the house.
Question resolved in the affirmative.
Bill agreed to in principle.
Detail Stage
Bill, by leave, taken as a whole.
MR COLLAERY (5.31): I want to place on record a slight concern I have about the inclusion of proposed new section 20 headed "Representation". That provision, at subsection (5), allows a non-admitted lawyer in this jurisdiction to practise arbitration in the Territory. The wording says:
A person not admitted to practise in the Territory shall not be taken to have committed an offence under or breached the provisions of the Legal Practitioners Act or any other law of the Territory ...
I am concerned about the words "or any other law of the Territory". I believe that they were in there when I approved this authorship. I simply believe that we need to look at that terminology the next time we look at this Act. It could well mean that a person, conceivably, whilst acting as an advocate in those proceedings, could breach some other laws of the Territory, and that appears to be somewhat of a grant of immunity.
Bill, as a whole, agreed to.
Bill agreed to.
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