Page 5276 - Week 16 - Thursday, 28 November 1991
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MR STEFANIAK (4.30): There is one thing. I was in the chair for subclause 77(2), so I could not talk on that, or on clause 80 which, at face value, we had a little bit of a problem with initially. I should concede that perhaps Mr Stevenson might have had an initial problem with it. I am not going to reiterate what other speakers have said - - -
Consideration interrupted.
ADJOURNMENT
MR SPEAKER: Order! It being 4.30 pm, I propose the question:
That the Assembly do now adjourn.
Mr Berry: I require the question to be put forthwith without debate.
Question resolved in the negative.
HUMAN RIGHTS AND EQUAL OPPORTUNITY BILL 1991
Detail Stage
Consideration resumed.
MR STEFANIAK: Both these amendments, in which Mr Stevenson wishes to have legal representation included, and in this amendment representation for someone impaired, are covered by clause 66 and, in relation to legal representation, the general thrust of the Act. But, if there is a problem, as I think I indicated before, we go to clause 106, where there is the right to appeal to the Administrative Appeals Tribunal. If the commissioner stuffs up, that is your first right.
Mr Stevenson: Another one.
MR STEFANIAK: Yes. But, if they stuff up, Dennis, it is to the Supreme Court. One improvement in this particular Bill over some I have seen is that at least there is a section for vexatious complaints and expenses if there is a malicious or frivolous complaint, which makes it better than the AFP Act. Someone who has been victimised by some lunatic taking them before the commissioner can, in fact, recover costs and expenses. There are a number of checks and balances within this which, in fact, do alleviate some of Mr Stevenson's otherwise justifiable fears.
MR STEVENSON (4.33): First of all, Mr Stefaniak suggests that there are other clauses in there that handle the problem. As for an appeal to another court which does not have the normal protections for Australians, that is not much help. The second thing is this: On an appeal, what do you say? Do you say, "I was not allowed legal
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