Page 3709 - Week 13 - Tuesday, 15 October 1991

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relatives, either in the original order or by a variation of the order. So, there are adequate protections already in the Bill. Accordingly, after that was pointed out and gone through, I think some of the fears there would be alleviated.

In relation to further concerns by the community in relation to clause 32 and clause 34, the Government again has taken them up. The community felt that the tribunal should not really sit as a court. The Government has again taken up those concerns, to the satisfaction of the interested parties. I am pleased to see that the Government has agreed to the amendments to clause 35 which will be put forward by the Opposition. I will move those in due course. Rather than each child of the person who is over 18 being an interested party, the amendment will ensure that each child of the person is an interested party. Children who might be 15 or 16 could certainly be interested; indeed, in some cases, even younger children could be.

It was also felt necessary by the community groups, and indeed the Opposition - I am glad that the Government has agreed to it - that a further catch-all be put in there; namely, a further category of such other persons, if any, as the president determines. Again, I am pleased to see the Government take heed of that.

I have had some discussions tonight with the government law officers in relation to concerns the community and we have in relation to the word "president". Perhaps it should not be occurring as often as it does and the word "tribunal" should replace it from page 16 through to page 20. There are some good reasons, I am assured, in relation to that - for ease of administration and, on balance, it would make it simpler for the efficient operation and administration of this legislation. I have indicated to the officers that there may be a couple of points there where, perhaps, the word "tribunal" would be more appropriate. That is, indeed, I think, still to be conceded by the law officers and is yet to be completely sorted out; but, no doubt, due to the cooperation that has occurred today, that will be a very minor problem.

I am also pleased to see further government agreement to an amendment we are proposing to clause 56, which will be to put in paragraph (1)(a) a reference to parties who appeared or were entitled to appear before the tribunal, and to subclause 36(1) which refers to the various classes in clause 35. That will make that section complete and, indeed, more workable.

The community groups were somewhat concerned not so much about the size of the actual tribunal that sits but the panel. I am pleased to see that the panel is envisaged to be a broad panel, but the tribunal itself will consist of a president, or an acting president, and two other members.


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