Page 5273 - Week 16 - Thursday, 28 November 1991
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
Clause 78
MR STEVENSON (4.23): I move:
Page 32, line 7, subclause (2), after "Commissioner" add "but shall be reasonable in the circumstances".
Simply put, this requires the commissioner to take action if it is reasonable in the circumstances under subclause 79(2), which says that the commissioner "may conduct the hearing in the absence of that party".
Once again, I think it is perfectly acceptable to put that reasonableness clause in there. One of the difficulties is that the commissioner, as I have said, is given enormous power and - - -
Mr Berry: This flies in the face of your earlier argument. Who interprets what is reasonable?
MR SPEAKER: Order!
MR STEVENSON: Well, at least we put the clause in there that it is reasonable. I grant that the commissioner would determine what is reasonable. If the matter went before another tribunal, such as the Administrative Appeals Tribunal, then at least that point on reasonableness could be looked at.
Amendment negatived.
Clause agreed to.
Clause 79
MR STEVENSON (4.24), by leave: I move:
Page 32, line 12, subclause (2), omit "if", substitute "Subject to subsection (3), if"
Page 32, after subclause (2), add the following subclause "(3) Where a party, upon the receipt of a notice specified in subsection (1), notifies the Commissioner within seven days of receipt that he or she is unable to attend the hearing, the Commissioner shall postpone and arrange a new hearing, if the Commissioner is satisfied that the party if genuinely unable on reasonable grounds to attend a hearing on the date or at the place specified in the notice.".
The reason for that is fairly obvious. There is no allowance there for somebody to not attend at a place and date. Obviously, if somebody is unable to attend at a place and date, it is reasonable to include within the Bill a provision that lays out under what conditions they do not have to attend and can put the matter off, with agreement, to a later date. If that is an unreasonable clause, I would like to hear why from Mr Connolly.
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .