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Legislative Assembly for the ACT: 1996 Week 13 Hansard (5 December) . . Page.. 4431 ..

MS FOLLETT (continuing):

You could have it drafted today and put it in next week. On behalf of the Opposition, Mr Berry has given a commitment that we would support such legislation. It could be all over by the end of next week if you wish to act upon it swiftly and acknowledge that errors have been made.

Mrs Carnell: At this stage our advice does not agree with your advice.

MS FOLLETT: Mr Speaker, Mrs Carnell interjects that the Government's legal advice does not agree with the legal advice of the Scrutiny of Bills Committee. I believe I have spoken on that matter. I have spoken to the source of our advice and I have said that I will back our advice any day. I think it would be appropriate for the Government to own up and say, "Yes, it has been a chapter of errors". It started with the wrong document. The attempt at fix-up did not really work, and it is now time to put the matter into legislation so that this Assembly can debate the merits of retrospectivity, as Mr Berry has said, and make a decision.

Mrs Carnell has accused Mr Berry of irresponsibility. To continue with this chapter of errors is the height of irresponsibility. The responsible action here is to bring forward an instrument which says what it means, namely, that retrospectively we are going to determine that these are the fees and charges under this piece of legislation, and to ask this Assembly to vote on it. We have given a commitment, on behalf of the Opposition, to support such legislation. We have a history of supporting the Government's revenue measures. That is the responsible course of action.

Mrs Carnell: Except the budget.

MS FOLLETT: Mr Speaker, in relation to revenue Bills, we have supported them.

Mr De Domenico: What about the budget?

MS FOLLETT: Mr Speaker, I might point out to the interjectors from the Government that the budget is, in fact, an appropriation Bill for expenditure under various heads and not for the raising of revenue. I would suggest that Mr De Domenico and others go back to school on that matter.

The responsible approach is, of course, to support government revenue when it is clearly necessary to do so. Obviously, the loss of fees and charges for our health system, which would amount to some millions of dollars now, given that it is six months since the original error occurred, would be a severe loss to the Territory, a loss which we as an opposition are not prepared to condone. I put it to the Government that it should do the right thing. Fix this up; fix up your errors; teach your administration how to do things correctly; and teach them also that when a mistake has occurred there are appropriate remedies and there are inappropriate remedies. You have tried an inappropriate one. Now come forward with the one which will be supported by this side of the house.

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