Page 3456 - Week 12 - Tuesday, 11 October 1994

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Mr Lamont talked about logic; but the reality is: If we all agree that the Barbaro case is something that was idiosyncratic to the ACT in terms of workers compensation - and it was - and if we then agree that we need to correct that situation, and I believe that we all do, why is it okay to correct Barbaro up to 12 months?

Mr Lamont: We do not all agree.

MR DE DOMENICO: We all agree, Mr Lamont. Once again, I am glad to have that interjection, because what Mr Lamont is saying is that every other State and Federal jurisdiction agrees that Barbaro is no good. The only members of the working party that do not agree that Barbaro is no good are the trade union members. Therefore, Mr Lamont says that, in order to appease only the trade union movement, he must make a decision which, in his view, is something which is going to be acceptable to all parties. To me, a Minister has a look at what happens in other jurisdictions, listens to the views of all parties concerned and ultimately makes a decision - hopefully, a correct decision - notwithstanding who agrees and who does not agree.

In my view, the logical decision to be made in the circumstances is: Let us bring the ACT into line with every other State and Territory jurisdiction and with the Commonwealth, by not imposing any restrictive period on termination. That is what it is all about. If we agree that there ought to be a termination clause, then let us put in one similar to the ones that are in other jurisdictions. Let us not try to reinvent the wheel in order to appease one particular body. If we do, let it be on our own heads if we get it wrong.

Question put:

That the amendment (Mr De Domenico's) be agreed to.

The Assembly voted -

AYES, 6   NOES, 9

Mrs Carnell Mr Berry

Mr De Domenico Mr Connolly

Mr Humphries Ms Ellis

Mr Kaine  Ms Follett

Mr Stefaniak Mr Lamont

Mr Stevenson Ms McRae

  Mr Moore

  Ms Szuty

  Mr Wood 

Question so resolved in the negative.

Mr Lamont: Madam Speaker, I indicate that a pair is in operation this evening between Mr Cornwell and Mrs Grassby.


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