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Legislative Assembly for the ACT: 1996 Week 13 Hansard (5 December) . . Page.. 4427 ..

MRS CARNELL (Chief Minister and Minister for Health and Community Care) (10.52): Mr Speaker, that was one of the most irresponsible acts that I think we have ever seen in this place. Mr Berry regularly comes up with different approaches to things in this place.

Mr De Domenico: Different ways to personally attack you.

MRS CARNELL: Personal attacks. Rarely is he interested in the issue. He is more interested in politics. In this particular case he has gone right over the edge. He made the point that we need to ensure that public moneys are protected. We totally agree with that.

I do not believe that somehow, all of a sudden, I have a law degree and can tell whose legal opinion is correct and whose is not. Mr Berry is a little bit jealous of Mr Connolly, I think, and from now on wants everybody to believe that it is Master Berry - not Mr Business anymore, but Master Berry. Obviously, he believes that he knows more than the Scrutiny of Bills Committee, that he knows more than the Government Solicitor and that he knows more than the people who are trying to sort out this situation. For the interest of - - -

Mr Berry: Just adjourn it. Come back with a remedy.

MRS CARNELL: No; I am sorry. We are simply not willing to leave this issue hanging. As many would understand, there is a lot of money at issue here. Mr Berry has not bothered to tell the Assembly exactly what he is talking about here.

Mr De Domenico: It is because he does not know.

MRS CARNELL: It is probably because he does not know. Mr Berry spoke about two determinations that I made in June this year with regard to fees and charges for virtually all areas of health, from beds in our hospital system through to dental services and all sorts of other things. Mr Speaker, I made those determinations under the Health Act 1993. Those fees, as is the case every year, were due to come in on 1 July. Unfortunately, on 1 July 1996, as those here would realise, the Health and Community Care Services Act 1996 also came into effect, with the result that Part V of the Health Act 1993, allowing for the determination of fees and charges, was repealed. While the Health and Community Care Services (Consequential Provisions) Act 1996 allowed for the continuation of fees and charges determined under the Health Act 1993, it covered those fees and charges that were in effect before July 1996.

Because a number of incidents all happened together - the new fees were due to come in on 1 July and the new Act came in on 1 July - it was determined that the new fees and charges may not have been valid under the new Health and Community Care Services Act 1996. The Scrutiny of Bills Committee, appropriately, raised these issues back in July. We, again appropriately, sought legal advice on the appropriate approach from people who actually do have legal degrees. I suppose next time I should go and ask Mr Berry what I should do. Mr Berry could then give a legal opinion, and obviously

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