Page 2411 - Week 08 - Wednesday, 22 June 1994
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85. Page 180, line 2, after paragraph 239(c), insert the following paragraph:
"(ca) the disclosure would not, apart from this section, constitute an offence against subsection 92(2) of the Legal Aid Act 1977;".
The purposes of these amendments are various, none of them is major. Amendments Nos 81 and 82 relate to the disclosure of information to the Auditor-General or the Ombudsman. In order to correct an oversight, I am proposing that subclause 237(1) be amended by omitting "subsection (2)" and substituting the words, "subsections (1A) and (2)". Clause 237 is to be amended to overcome the effect of the provision resulting in a possible breach of client privilege in relation to matters before the ACT Legal Aid Office. Client privilege means that information provided to a legal representative by a client is confidential, and the amendment proposed has the effect of not extending the provision to information covered by the secrecy provisions of subsection 92(2) of the Legal Aid Act 1977.
Amendments Nos 83 and 84 concern whistleblowing in relation to disclosure of information to an authorised official. Following on from the amendment to the previous clause, I need to overcome the possibility of breaching client privilege in this clause as well. I propose omitting "subsection (3)" and substituting "subsections (2A) and (3)" and inserting a new subclause (2A) immediately following subclause (2), to have the effect of not extending the provision to information covered by the secrecy provisions of subsection 92(2) of the Legal Aid Act 1977.
In relation to my amendment No. 85, I am proposing to amend clause 239 by inserting new paragraph (ca) after paragraph (c), to provide that "the disclosure would not, apart from this section, constitute an offence against subsection 92(2) of the Legal Aid Act 1977".
Amendments agreed to.
Clauses, as amended, agreed to.
Clauses 244 and 251, by leave, taken together
MS FOLLETT (Chief Minister and Treasurer) (5.59), by leave: I move together amendments Nos 86, 87 and 88, which read:
86. Page 182, lines 22 to 24, paragraph 244(1)(f), omit all the words after "any", substitute "other remunerative employment".
87. Page 185, line 1, paragraph 251(2)(n), after "retirement", insert ", resignation".
88. Page 185, lines 30 and 31, subclause 251(3), omit "commencement day", substitute "day on which this section commences".
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