Page 5268 - Week 16 - Thursday, 28 November 1991
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MR MOORE (4.04): This clause says:
Subject to this Part, the Commissioner shall endeavour to resolve each complaint by conciliation.
The irony of what Mr Stevenson just said about star chambers and so forth ought not be missed. The man is ignorant.
Clause agreed to.
Clause 77
MR STEVENSON (4.04), by leave: I move:
Page 31, line 25, subclause (3), after "fit" add "and is reasonable in the circumstances".
Page 31, line 26, subclause (4), omit "Except", substitute "Subject to subsection 77(5), except".
Page 31, after subclause 77(4) add the following subclause:
"(5) Subject to subsection 66(2), nothing in this section prohibits the appointment without leave of the Commissioner of -
(a) a representative to assist a person who suffers an impairment where the impairment is such as to significantly diminish a person's ability to communicate effectively, or is likely to cause a bias against a person, or places the person under unreasonable stress; or
(b) a legal representative.".
Clause 77 gives the commissioner power to require any party to an investigation to attend a compulsory conference, or any other person who the commissioner believes on reasonable grounds is likely to be able to provide information relevant to the investigation.
Subclause 77(3) says that the conference shall be held in private and shall be conducted in such a manner as the commissioner thinks fit. My first amendment is to include, after the word "fit", "and is reasonable in the circumstances". I think that to allow the commissioner the right to determine how something should be conducted without also requiring, as the Bill has in some other clauses, that it be reasonable in the circumstances, is to omit an important point in this Bill and in this clause.
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