Page 3102 - Week 11 - Tuesday, 10 September 1991
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
As well as that, some of the other clauses are worthy of note. Clause 6 of this amendment Bill deals with section 104 of the principal Act. It amends it by omitting certain subsections and substituting a very sensible subsection that gives to an applicant who has asked under a section of the Act for a review of a decision of the registrar to refuse to renew, cancel or suspend a licence or registration the right to have that licence or registration continue in force pending the determination or withdrawal of the appeal.
What that does is basically bring into line with other sections of the law appeals in relation to licences. Of course, if one loses a licence in a court for, say, driving in a manner dangerous to the public or for a drink-driving offence and one appeals against that decision, one keeps one's licence until such time as that appeal is dealt with. What this particular subclause does is make that apply generally to this Act where someone wants to review a decision by the registrar. That, I think, is basically just a commonsense, civil rights matter which has been tidied up by this piece of legislation. I think that is worthy of note. Indeed, the drafters are to be commended for that.
So, basically, this Bill, which also sets out in the schedules all the various types of decisions that a registrar can make - and which can now be appealed directly to the AAT rather than the Magistrates Court or Supreme Court - tidies up an area that has caused some problems, some time wasting and some anomalies within the motor traffic law in the ACT. Certainly, my party will be supporting this amendment Bill.
MR COLLAERY (8.54): This is a case of the Motor Traffic Act 1936 getting a rebore. Certainly, this measure has long been needed - since the mid-1970s, with the advent of administrative legal rights. As Mr Stefaniak correctly observed, it gives rights of review on the merits, in an independent and objective fashion, of a whole range of decisions of the registrar and others which can prejudice holders of and applicants for permits and the like. It provides for merit reviews, access to the Administrative Appeals Tribunal and so forth. This reflects the strength of modern democratic legal theory in our country. It is an area of law that impacts more on the common person - the person in the street - than do some of the more esoteric legal reforms that we make in this chamber. So, I welcome it.
I want to seize on just one thing so that Mr Connolly has the chance to chase up a matter that I left behind. In item 9, in Part II of the schedule, there is reference to medical appeals, and requiring people to submit to medical examinations. That reminds me; perhaps the Attorney might care to look up the documentation relating to a proposal
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .