Page 4437 - Week 14 - Thursday, 9 December 1993
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The Small Claims (Amendment) Bill 1993 will also amend the Small Claims Act 1974 to permit the court, when it appoints a person to inquire into and report upon any question of fact arising in proceedings, to order that a party to proceedings pay some or all of the costs of remuneration of a person so appointed. I commend the Bill to the Assembly and I present the explanatory memorandum.
Debate (on motion by Mr Humphries) adjourned.
CORONERS (AMENDMENT) BILL 1993
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (11.07): I present the Coroners (Amendment) Bill 1993.
Title read by Clerk.
MR CONNOLLY: I move:
That this Bill be agreed to in principle.
The Coroners (Amendment) Bill 1993 will amend the Coroners Act 1956 in two respects. It will insert a definition of registrar and it will provide a broad-based scheme for determining fees and charges payable in respect of the Coroner's Court. The Bill will insert into the Act a new Part, "Part VB, Fees and Charges", containing new sections 34P, 34Q, 34R and 34S. Amendment of the Coroners Act in this way is part of a larger legislative exercise to introduce, as far as is appropriate, substantially similar fees and charges provisions into all courts legislation and that relating to the Administrative Appeals Tribunal.
The fees and charges provisions are modelled on those proposed for the Magistrates Court Act. They include a similar wide head of power to determine fees and charges and have substantially similar provisions for determining exemptions from payment and for the remission, refund and deferral of liability for and waiver of payment of fees and charges by the registrar. Similarly to the Magistrates Court Act, there also will be a right to apply for review by the coroner of an unfavourable decision. There is a similar appeal right and determinations again will be tabled in this Assembly and will be subject to disallowance by this Assembly.
While the determination may provide for some exemptions, section 34R will also deal with exemptions from payment of fees and charges. No fee or charge will be payable by a person receiving legal assistance under the Legal Aid Act 1977 or under another scheme or service provided or approved by the Attorney-General. Nor will fees be payable if the registrar considers that payment would cause hardship. I commend the Bill to the Assembly and I present the explanatory memorandum.
Debate (on motion by Mr Humphries) adjourned.
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