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Legislative Assembly for the ACT: 1997 Week 9 Hansard (4 September) . . Page.. 3025 ..

MS HORODNY (10.04): Mr Speaker, I was one of the individuals here who were tempted to go along with the Bill as put up by Mr De Domenico initially. But, having looked more closely at the detail of this Bill and having talked widely with people about what the actual changes would mean, I have come to the conclusion that the best place to leave those sorts of decisions - decisions about whether someone should or should not obtain a special licence; indeed, for even a second, a third or a tenth time - is with the magistrate.

It was initially quite tempting to believe that we should impose the penalties, in a sense, from here. I believe that, as far as the guidance goes, it is our role. I believe that it is the role of the legislature to provide that guidance in any case, because the legislature decides what the parameters are, and it is within those parameters that the magistrates then operate. But I believe that we have already done that anyway; and now we have actually tightened up that guidance and that direction to the magistrates by putting in words such as "exceptional circumstances".

Mr Kaine: They were already in there.

MS HORODNY: No. They are words that I insisted that we put in, because they were not in there.

Mr Kaine: You did not put them in. They were already in there.

MS HORODNY: I believe that that gives clear guidance to magistrates about the circumstances under which they may give people special licences, even a second or third time.

MR KAINE (Minister for Urban Services) (10.06): Mr Temporary Deputy Speaker, I will speak just briefly. Mr Whitecross, in his intemperate tirade, raised the question of whether or not the Chief Magistrate had sought guidance. In fact, he has, in writing. But he never asked for it. He never asked for it when he was in my office.

MR MOORE (10.07): Under these circumstances, Mr Temporary Deputy Speaker, will Mr Kaine provide for us - we would be very interested to see it - a copy of the request for guidance from the magistrate, or the Chief Magistrate, whichever one it was? I would appreciate it if you would commit yourself to providing for the Assembly either that copy or an explanation of what the guidance was - whatever it is that you have. I would appreciate receiving an explanation to the Assembly on what the request was and how it was made.

MR KAINE (Minister for Urban Services) (10.07): Mr Temporary Deputy Speaker, I will respond to that request. I do not know that I ought to table the Chief Magistrate's letter, but I will get a copy of it and Mr Moore can come and have a look at it in my office.

Mr Moore: I am happy with that.

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