Page 5703 - Week 17 - Thursday, 5 December 1991
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It is not a new clause, but it is a clause that does not sit well with Mr Jensen's ideal world in which all things must be decided by all of the community in all circumstances and where all things may be appealed by any person. Mr Moore is also pushing this point of view.
That is the thrust of many of the amendments that we see in front of us from this point on. There is little or no regard amongst these amendments for the economic future of the Territory, for employment for our citizens or for the ordinary rights of members to conduct business in a sensible way.
Mr Jensen: Bill, you are reading from a prepared speech.
Mr Moore: Who wrote that for you, Bill?
MR WOOD: Mr Moore and Mr Jensen want any person in the ACT to be able to appeal anything. Mr Moore has a confidence that the system would not bog down. We have had some debates about this matter. He believes that it is so onerous, under present circumstances, to draft and to prepare an appeal that people simply would not do it. That certainly is the case at present because of the problems that people are presented with as they go to the Supreme Court, but we are simplifying appeal mechanisms. People will not have to go to the Supreme Court; they will have access to the Administrative Appeals Tribunal, and, quite properly, it will be more simple to prepare appeals. I think the argument that people will think twice about it, in the way that Mr Moore was proposing, simply does not hold.
We acknowledge that people will have a broad concern on matters of appeal. There is no question about that. Nevertheless, the principle established in this Bill is that where variations are in keeping with all the requirements - the very exhaustive requirements of the various parts of legislation - they should then proceed. That is a sensible measure. Along with that, of course, there are some areas, as indicated in the legislation and the draft plan, where people do have instant access to express their views in a variety of ways.
Mr Speaker, I will allow Mr Jensen or others to speak, and maybe I will come back and debate the matter further with them. We think that the provisions for appeal in this legislation are quite generous. They are clearly established. I believe that the people of Canberra will appreciate them, but would not wish to go any further.
Mr Moore: Mr Collaery, do you want to speak first?
MR SPEAKER: Order! Mr Collaery, do you wish to speak?
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