Page 3827 - Week 13 - Tuesday, 8 November 1994
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MR CONNOLLY (Attorney-General and Minister for Health) (8.10), in reply: Madam Speaker, I thank the Opposition for their support for this legislation. Mr Humphries is correct in saying that the issue of the disciplinary power of the court in relation to barristers was, indeed, an anomaly when the amending package was put through last year. It has always been the case that the courts have the ability to reprimand practitioners, as defined as barristers and solicitors. We drew some distinctions between barristers and solicitors, although, basically, people still practise as amalgams in this jurisdiction, which is a good thing. The question was raised that we may have inadvertently removed the ability to reprimand someone practising solely as a barrister; hence, we are putting it back in to remove any doubt. I am advised that a check very recently with the research assistant to the Chief Justice confirms that there has been no case of a barrister being reprimanded and no such issue has arisen. So, this will not, in fact, have a retrospective operation. It is done to correct an error. Even if there had been a case - arguably, practitioners have always known that the power was there - that there was an inadvertent slip, we may well have been able to convince members of the Assembly that it was appropriate to correct the error. But I am told that there was no error.
Again, I thank the Assembly. The process of reform of the Legal Practitioners Act and the legal profession in this Territory is one that will never introduce a package that will be perfect. It will be an ongoing process over many years. Mr Humphries is well aware of that, in his role as chair of the committee that has had a look at reform of the legal profession in the Territory, as am I, as Attorney. This is one further step in reform. While we may not be the most advanced in Australia on this - and I must say that there have been some very interesting reforms recently in New South Wales that Attorney Hannaford has brought forward - it is something that we are looking at very carefully here. We are in discussion with the Law Society, the bar and the Council of Social Service about that type of package. We are certainly a lot further down the track of a modern, competitive legal profession in this jurisdiction than are many States of Australia. I thank members for their support.
Question resolved in the affirmative.
Bill agreed to in principle.
Leave granted to dispense with the detail stage.
Bill agreed to.
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