Page 2781 - Week 11 - Tuesday, 20 October 1992

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MR BERRY: It talks about proposed clause 6, page 2, after line 24, and says:

The Board shall, within 28 days after receiving an application ... make a decision ...

Apparently, it is intended to require the Board of Health to make a decision in respect of an application under section 149 of the Act for approval as a treatment centre within 28 days of receipt of the application. This approach ought not be followed, and I will explain why.

Mr Moore: Because you can put off making a decision forever.

MR BERRY: It should be noted, Mr Moore, that no consequences flow from failure by the board to make such a decision within this time; so what is the point of it, for a start? Nor should they. Persons with statutory functions - - -

Mr Moore: You want a fine, do you?

MR BERRY: Why do you not just sit and listen? Persons with statutory functions are expected to discharge those functions responsibly and efficiently. The board could be expected to act responsibly and efficiently having regard to the circumstances, and in my view, Madam Speaker, the deadline is unnecessary. Further, there are some other amendments foreshadowed, should we unfortunately be lumbered with Mrs Carnell's Bill, which may require a greater period than the 28 days which you seek for the board to be satisfied that an application ought to be approved.

Mr Moore: Why?

MR BERRY: Have a look at the amendments and that will explain why.

Mr Moore: I have.

MR BERRY: You did not take a look at them at all.

Mr Moore: I would say that I have read more about this stuff than you have.

MR BERRY: This is back-of-the-envelope stuff again. If I can go to the provisions which are foreshadowed, they say:

(i) the proposed treatment centre would be situated in an appropriate location, having regard to -

(A) the locations of existing treatment centres;

(B) the number of persons likely to be referred to or to use the proposed treatment centre; and

(ii) any person who would supply or administer methadone at the proposed treatment centre -

(A) has completed, to the satisfaction of the Board, a course of instruction approved by the Board; and

(B) is a fit and proper person ...

It may take administratively - - -

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