Page 5274 - Week 16 - Thursday, 28 November 1991
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Amendments negatived.
Clause agreed to.
Clause 80
MR STEVENSON (4.26), by leave: I move:
Page 32, line 18, subclause (1), before "an officer" insert "a member".
Page 32, line 20, subclause (2), omit "Except", substitute the words "Subject to subsection 80(3), except".
Page 32, after subclause (2) add the following subclause:
"(3) 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.".
I would insert in subclause (1) the words "a member" before the words "an officer". I think that as "a member" is used in another part of the Bill, together with other parties within a body, it is perfectly reasonable to use it again. This is probably an omission on the part of the drafters.
Mr Connolly: It is covered by "agent".
MR STEVENSON: Mr Connolly says that it is covered by "agent". So, where it appeared elsewhere it probably should have been taken out, if it was covered by "agent". You cannot have it both ways; it should be either in all the time or out all the time.
In subclause 80(2) I would include notice of subsection (3), and that would allow "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". Again, it is a similar amendment to that which I sought under the compulsory hearing. I still have not heard why someone with an impairment should not have the right to have someone appear for them. Why should we not
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