Page 4846 - Week 15 - Thursday, 8 December 1994
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MR CONNOLLY (Attorney-General and Minister for Health) (5.11), in reply: Madam Speaker, the Government obviously will not be supporting Mr Stefaniak's amendment. This error, to the extent there may have been an error, was not one of our making; it occurred in the period of the Alliance Government. There was a query as to whether these fees are valid. It has not been held that they are valid or invalid; this is an exercise of making something beyond doubt by finding what may be an error, and fixing it, but not fixing it retrospectively. When there are no cases pending, all you are doing is creating potentially a massive legal problem. If anyone wants to fight it, they will have to go to the bother of court costs and the rest, for very little gain. While there is generally a reluctance to legislate retrospectively, this, I would suggest, is justified in the circumstances. As the Scrutiny of Bills Committee points out, as it always does, it does not necessarily follow that one should always oppose retrospectivity.
Question resolved in the affirmative.
Bill agreed to in principle.
Detail Stage
Bill, by leave, taken as a whole.
MR STEFANIAK (5.12): Madam Speaker, I move:
Page 3, line 31 to page 4, line 2, clause 11, omit the clause.
The Liberal Party will be agreeing to all of the Bill, except clause 11, which we would seek to have omitted.
Amendment negatived.
Bill, as a whole, agreed to.
Bill agreed to.
SUSPENSION OF STANDING AND TEMPORARY ORDERS
Motion (by Mr Berry) agreed to, with the concurrence of an absolute majority:
That so much of the standing and temporary orders be suspended as would enable the adjournment debate to extend beyond the 30-minute time limit.
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