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Legislative Assembly for the ACT: 1996 Week 6 Hansard (23 May) . . Page.. 1772 ..

SMALL CLAIMS TRIBUNAL BILL 1996

Mr Speaker, the exposure draft Small Claims Tribunal Bill will improve fair trading and access to justice in the ACT and is consistent with the Government's commitment to improving the delivery of legal services to the ACT community. Community consultation is an important component in achieving this objective and I look forward to receiving comments from the community on the draft Bill.

During the last 22 years, the low cost nature of the Small Claims Court has improved access to justice for members of the ACT community. Consistent with the Government's high priority for delivering quality legal services to the community, the Government proposes to reform the small claims process by changing the Small Claims Court's status and name, to the Small Claims Tribunal; increasing the powers and improving the procedures of the body; and increasing its jurisdiction to cover disputes involving trespass, dividing fences and party walls.

The Small Claims Tribunal Bill increases the powers and improves procedures for small claim matters in a number of ways. Some examples of improved access to justice provided by the Tribunal include providing for a Referee to determine matters less than $1,000; providing a right for a person to be represented by another person; providing Tribunal members with limited powers to award costs to litigants who have unfairly incurred out-of-pocket expenses as a result of the conduct of another party and the increases in jurisdiction which I have just mentioned.

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