Page 3035 - Week 10 - Tuesday, 14 September 1993
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retrospectively operative, and now, the person who brought that action based on some alleged mistreatment would have their right to that action terminated by the passage of this Bill. I understand that there is no such person; but, if there had been, we would certainly be affecting that person's rights by passing this legislation tonight.
My party has indicated its position on adverse retrospectivity in the past, and I think that even the Government would hesitate to introduce adversely retrospective legislation in this place; but, if you keep pushing Bills through like this, one of these days either you are going to have to do that or you are going to face some loss to the Territory, whether financial or otherwise. I think, Madam Speaker, that this Government has a big lesson to learn in the good management of the democratic processes if it wants to ensure that this kind of thing does not happen again.
MR MOORE (8.28): I thought I would take this opportunity, since we are dealing with the Dentists Registration (Amendment) Bill, Madam Speaker, to ask just how many dentists deserve to be registered in the ACT. I wonder whether this amendment Bill should have gone much further than just dealing with the therapists and dealt with dentists when we read that there are very few dentists in the Territory who are autoclaving their drills. I think it is a matter of some concern.
Mr Humphries: It is dental therapists, not dentists.
MR MOORE: I recognise that we are talking about dental therapists. I thought I would take the opportunity to point out - - -
Mr Humphries: You might as well talk about your own cavities, Michael.
MR MOORE: The question is appropriately raised. The question is: "Does this amendment go far enough?". Having said that, I recognise that there was an anomaly in the Act that does need to be rectified and this small amendment will do so. I heard Mr Humphries's speech, Madam Speaker, about how we ought not to have passed it in the first place, that we should feel ashamed and so forth.
Mr Humphries: And you feel ashamed.
MR MOORE: I think that if we were to go back and check Mr Humphries's record as a Minister we might find that there were occasions when things were not absolutely perfect in the first place and anomalies were found.
Mr Kaine: It could never have happened.
Mr Humphries: I did not rush them through.
MR MOORE: I hear a cacophony of objections about it, but these things do happen. We should try to avoid them where we possibly can and take the appropriate time where possible. Madam Speaker, having got to this situation, it is appropriate that this anomaly be rectified. At the same time it is a good opportunity to draw members' attention to that article on dental equipment and the spread of HIV. I think it is also important to recognise that there are many other diseases that can be passed through the same system. Part of the responsibility that dentists face is to ensure that they take appropriate universal measures to prevent the spread of all diseases.
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