Page 3685 - Week 12 - Wednesday, 20 October 1993
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
Government that there was a need for a less legal and more administrative appeal system - one which was less formal and which perhaps would not intimidate people who sought to lodge an appeal, one in which appeals could be heard in an informal way, in an informal atmosphere, and perhaps more quickly than within the Administrative Appeals Tribunal. So we have accepted in principle that this can be a system that is useful to ordinary members of the public.
It needs to be noted that this appeals board will have only a limited jurisdiction. There are certain matters that still will go to the Administrative Appeals Tribunal. I think some people may be a little confused as to which course they should take, whether they should go to the Administrative Appeals Tribunal or whether they should use this appeals board that we are now setting up. Hopefully, that should become clear with use and people will know which way they should go. It is noteworthy also that there is an appeal from the decisions of this appeals board to the Supreme Court. If anybody believes that their case has not been properly heard and they have not got the right decision, they do have the right to go to the Supreme Court in certain cases. It is a new system, an addition to the processes that have been available previously; but we accept that, at least in theory, it may offer something to the ordinary citizen out there who may be less put off if they want to process an appeal than they might otherwise be.
Speaking for myself, I have only one reservation about the Bill, but I am prepared to let it run, perhaps for a year, and to see how it works. Then we can discuss the matter with the Minister if needs be. My reservation is in connection with proposed section 282W. There is not, under this Bill, an unqualified right to legal representation. When an appellant comes before this board they do not have that unqualified right. They may have the capacity to be represented, with the approval of the chairperson of the board; but there really are only three cases in which the chairperson of the board may allow representation, and they have been specifically spelt out in the legislation. I would have thought that the three circumstances set out here are of such significance that where any one of these three conditions applied the person would automatically have the right, not at the discretion of the chairperson. They are quite clear and they are quite specific.
The first is where the complexity of the matter to which the proceedings relate is such that the appellant may require a legal person to present their case for them or to advise them. The second is where the appellant is of an age or in a state of health where they require somebody to assist them. The third is where the appellant has a lack of command of the English language. It seems to me that where any one of those three conditions applied the person ought, by right, to be able to be represented. That is not what the Bill provides. It provides that the chairperson may permit representation in those cases. I am prepared to let the matter run and to see whether or not there is any problem with that over the first year or so. I am sure that the Minister will be happy to discuss that matter with me in a year's time if there have been any difficulties. Other than that, it seems to me, on the face of it, to be a fairly straightforward Bill.
Mr Moore and Ms Szuty came to talk to me and I know that they have a number of amendments that they intend to propose. I have no difficulty with them, to the extent that they, perhaps, simplify the processes without detracting from the value of the Bill. Hopefully, in a very short time, the Assembly will have approved a Bill that will be of value to the community. We can let it run for a while and see whether that turns out to be the case. Madam Speaker, as I said, we support the Bill.
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .