Page 1308 - Week 04 - Thursday, 21 April 1994
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DETERMINATION OF AN AMOUNT OF ANY SUCH REIMBURSEMENT, WHETHER THERE SHOULD BE A STATUTORY LIMIT TO ANY REIMBURSEMENT MADE AND THE POSSIBLE SOURCE OF ANY REIMBURSEMENT.
THE A.C.T. AND THE NORTHERN TERRITORY ARE THE ONLY JURISDICTIONS IN AUSTRALIA WITHOUT LEGISLATION WHICH ALLOWS FOR COMPENSATION TO BE MADE TO LITIGANTS WHO HAVE INCURRED THE COSTS OF LITIGATION THROUGH NO FAULT OF THEIR OWN OR WHERE THE COURT SYSTEM HAS FAILED TO PROVIDE PROPER ADJUDICATION. FURTHER, CURRENTLY, AN ACCUSED WHO SUCCESSFULLY DEFENDS A CHARGE IN THE SUPREME COURT IS NOT AWARDED COSTS. THIS IS A MATTER WHICH REQUIRES A REMEDY AND THE DISCUSSION PAPER ADDRESSES THIS ISSUE.
FOURTHLY, THE GOVERNMENT IS COMMITTED TO ENCOURAGING THE USE OF ALTERNATIVE DISPUTE RESOLUTION, AS A MEANS OF IMPROVING ACCESS TO JUSTICE AND REDUCING THE COSTS OF JUSTICE. TO THIS END WE FUND THE CONFLICT RESOLUTION SERVICE, A COMMUNITY BASED MEDIATION SERVICE. MOREOVER, A DISCUSSION PAPER ON THE TOPIC OF MEDIATION HAS BEEN RELEASED TO PUBLIC INTEREST GROUPS AND SUBMISSIONS ARE BEING RECEIVED FROM MEDIATORS AND RELATED ORGANISATIONS. CONSIDERATION WILL BE GIVEN TO THE VIEWS EXPRESSED IN THE SUBMISSIONS AND FURTHER CONSULTATION IS PLANNED TO REFINE POLICY DETAIL.
THE GOVERNMENT WELCOMES THE COMMITTEES REPORT. THE TENOR OF THE GOVERNMENT RESPONSE WHICH I AM TABLING IS THIS:
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