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Legislative Assembly for the ACT: 1997 Week 7 Hansard (26 June) . . Page.. 2222 ..

MR WOOD (continuing):

Another quote is:

... he -

that is Mr Russell -

was not treated fairly in the way his application was dealt with.

A further quote is:

... the failure to accord natural justice to Mr Russell ... invalidates the decision to refuse him a permit to import birds.

There is further reference in that report to draconian legislation, legislation, incidentally, that I think I was responsible for introducing into this house; so that is not Mr Humphries's doing. But just those quotes invite, I think, a very detailed examination of this case. In the end, when Mr Russell made application for some part of those legal fees to be paid, the Minister, perhaps through his agents, refused.

I think the case ought to be reviewed. To be fair, it is quite clear, on reading the literature, that there was considerable tension between Mr Russell and Government employees. I think Mr Russell might acknowledge some part in that. That may be the reason why the AAT suggested that 75 per cent of the appeal costs might be paid by the Government. The AAT makes only a recommendation. It cannot tell Mr Humphries that that is what he should do. In the end the Government did not accept that recommendation. I do not want an answer from Mr Humphries today. I want to send him some of the literature on this and allow for a careful reconsideration of the case. If it is reconsidered, I think we can say that justice is being delivered. That is the aim we all have. That is the case also with the Jadrics. Some steps do need to be taken in that case also to ensure that justice is delivered.

MR HUMPHRIES (Attorney-General) (4.55): I will respond briefly to Mr Wood by saying that the Jadric matter obviously was a matter of concern. I can advise the house that I am due to receive a report from the working party, consisting of the Law Society and officers of my department, very soon. It might even have arrived in my office. It will consider ways in which some of the problems associated with that matter can be avoided. I think Mr Wood is right to say that that is a symbol of access to justice or the appropriateness of justice, and an indication of justice being in a form which suits the needs of particular people. I believe we can do better in that area, and that ought to be the result of the working party report. Obviously, I will be reporting to the house on the way in which that proceeds.

I am afraid I do not know the result of the Russell matter. I do recall reading the AAT decision in respect of that matter and I recall making a decision in respect of that. I cannot recall whether the decision was favourable or otherwise towards Mr Russell, but I will find out and let Mr Wood know.

Proposed expenditure agreed to.

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