Page 5277 - Week 16 - Thursday, 28 November 1991
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representation"? The court says, "Well, that is okay; they have that power". Do you say, "I was not told the details of the charge"? The court says, "Well, that is okay; they have that power to not tell you". Do you say, "I was not given the opportunity to confront the accused"? They say, "Well, yes, but that is okay; they have that power". Do you say, "I was forced to present before the commission documents that were privileged"? They say, "Well, yes, that is okay; they have that power". Do you say, "I was compelled to write down information I had in my head that the commissioner said was relevant"? They say, "Yes, that is okay; the commission has that power".
The point I make is this: You are giving widespread powers to a commissioner and then telling people to then go along to somebody and say, "Hey, this is what they did". I know that that is what they can do. That is what I stand and speak against. Mr Connolly suggested that my amendment was covered under clause 66. Paragraph 66(1)(b) says:
an agent acting on behalf of one or more persons aggrieved by the act.
In other words, there is an opportunity for an agent to go along and act on behalf of someone aggrieved by the act. I do not doubt that the person aggrieved by the act, under that definition, is not a respondent or a person who has been accused, who could well be aggrieved; it is the person who is complaining, the person who is doing the accusing.
My amendment does not discriminate just for the person doing the accusing; it allows both sides the right to be represented. So, I would like that matter addressed. Clause 66 appears not to relate to the person who has been accused, the respondent; it relates only to the person who is doing the accusing, or, as it says, the person or persons aggrieved by the act. My amendment allows protection not only for the complainant but also for the person who would be defending their good name.
Amendments negatived.
Clause agreed to.
Clauses 81 and 82 agreed to.
Clause 83
MR DUBY (4.37), by leave: Mr Speaker, I move:
Page 34, line 6, subclause (1), after "VI" insert "or section 63B".
Page 34, line 12, subclause (2) after "VI" insert "or section 63B".
These are Mr Collaery's amendments to clause 83. They are consequential upon the insertion of Part VA.
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