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Legislative Assembly for the ACT: 1996 Week 3 Hansard (28 March) . . Page.. 821 ..


MR HUMPHRIES (continuing):

complete their applications before they lodge a formal application; an applications coordination committee has been established to ensure that decisions about any necessary referrals are made quickly; a single combined building application form has replaced the four previously required forms for building application, building permit, design and siting, and heritage.

Further reforms will result from the Government's acceptance and implementation of the recommendations of both the board of inquiry and the Red Tape Task Force. These include introduction of an integrated development application, replacing previously separate consideration for lease variation, design and siting, heritage and environmental requirements; information packages, to be developed in consultation with key industry organisations, including an understandable outline of the land development process - something much needed in this Territory; a mechanism which allows customers to easily determine the stage that their application has reached; and eliminating "stop clocks" and introducing a standard 30-working-day time limit for processing, on the expiry of which the applicant may begin to exercise their appeal rights as if the application is deemed to be refused. The applicant may request further time in order to respond to issues or concerns raised during the notification process, and there are some complex cases in which a limit longer than 30 days will apply. But, in all other cases, the stop clock provisions, as they have applied to benefit government departments and agencies but delay applicants, will be abolished. The only party which can delay proceedings by using a stop clock is the applicant. Indeed, the board of inquiry found that there is no legislative basis for the using of unilateral stop clocks by the Government, even though officers had, on occasion, used them. This practice will cease.

Further reforms include the Planning and Land Management Division of DUS being responsible for public notifications, replacing the previous system under which notification was the responsibility of the applicant; and, finally, establishing separate development application files for the life of the application. The information on these files will be available for inspection during the life of the application, without a freedom of information request in most cases. This demonstrates a commitment to accessible information on the part of the Government. The Government is committed, through its customer commitment and other programs, to ensuring the highest possible level of customer service quality. Following the establishment of the Planning and Land Management Division, a process of continuing improvement will be implemented to build on the achievements of the process review.

For some time, Mr Speaker, there has been criticism of the operation of the Land and Planning Appeals Board. The Government will introduce legislation this session to transfer the jurisdiction of the Land and Planning Appeals Board to a new planning division of the Administrative Appeals Tribunal. Among other improvements, this will impose a requirement for decision-makers to comply with the Code of Practice for Notification of Reviewable Decisions and Rights of Review. Applying this code will ensure that applicants are advised of why a decision was taken and of their right to further information. The ACT's leasehold system is unique in Australia. The Government is confident that we have the skilled and talented people within the administration to make these new arrangements work. Special attention will be given to staff training and development to ensure that the quality of service is at the leading edge of public administration in Australia.


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