Page 5231 - Week 16 - Thursday, 28 November 1991

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It does not say what matter is to be investigated; it does not give a definition of "matter". So, the details of the matter are not stated; there is no requirement to do that. It goes on to say:

(b) invite each party to present his or her case to the Commissioner.

I move:

Page 29, line 32, insert the following subsection:

"(1) In this section - "matter" shall mean and include the facts alleged to give rise to a breach of this Act including the time, date and place; the person against whom it is alleged the offence was committed; the person by whom it is alleged the offence was committed; and the person by whom the complaint has been made.".

This is what you call natural justice before Australian courts if you are to be charged with anything.

Motion (by Mr Berry) put:

That the question be now put.

The Assembly voted -

AYES, 15  NOES, 1 

Mr Berry Mr Stevenson
Mr Collaery
Mr Connolly
Mr Duby
Ms Follett
Mrs Grassby
Mr Humphries
Mr Kaine
Dr Kinloch
Ms Maher
Mr Moore
Mrs Nolan
Mr Prowse
Mr Stefaniak
Mr Wood

Question so resolved in the affirmative.

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