Page 4433 - Week 14 - Thursday, 9 December 1993
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It was argued in submissions that this amendment to the Discrimination Act will have limited impact in protecting minors from discrimination as it may be possible for contractors not wishing to deal with young people to hide behind this exception and argue that they are concerned about the uncertainty of enforcing the contract rather than simply the minor's age. This may well be the case, although this argument would be unsuccessful where contracts are for what are called "necessaries" - those goods that are necessary to support the person. This would cover such important contractual situations as entering into a lease for accommodation. There have been calls for codification and clarification of the law of legal capacity in the ACT. This will require more detailed consideration, although some form of exception in the Discrimination Act is necessary in any event and so the exception has been retained.
The Bill contains an exception for recreational tours and accommodation. We are not aware that rigid age limits are imposed widely in the travel industry, but it was not seen as constructive to legislate against those tours being marketed in the ACT when there appears to be a wide choice available. This is particularly so when New South Wales has introduced an age discrimination law that includes a similar exception. This means that those tours would be available through travel agents across the ACT border.
Madam Speaker, this Bill represents an important addition to the protection already provided by the Discrimination Act. It retains the ACT's position as having one of the most comprehensive and progressive discrimination laws in Australia. I recognise that there are different views about the role of such legislation, and in particular the impact of age discrimination laws. However, the Government believes that the conciliation style, backed by real powers in addition to the obligation to inform and educate the community, will mean that the changes brought about by this legislation can be introduced in a fair and equitable way. Madam Speaker, I commend the Bill to the Assembly. I table the explanatory memorandum.
Debate (on motion by Mr Humphries) adjourned.
MAGISTRATES COURT (AMENDMENT) BILL (NO. 3) 1993
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (10.57): Madam Speaker, I present the Magistrates Court (Amendment) Bill (No. 3) 1993.
Title read by Clerk.
MR CONNOLLY: Madam Speaker, I move:
That this Bill be agreed to in principle.
Madam Speaker, this Bill, among other things, will amend the power to determine fees and charges in the Magistrates Court. It comprises, with two interlocking Bills - the Magistrates Court (Civil Jurisdiction) (Amendment) Bill 1993 and the Small Claims (Amendment) Bill 1993 - a package of Bills which broadens the power to determine fees and charges for the Magistrates Court and the Small Claims Court and locates that power within the
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