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Legislative Assembly for the ACT: 1997 Week 12 Hansard (13 November) . . Page.. 4071 ..

MR HUMPHRIES (continuing):

I pursued the issue at national meetings of Attorneys-General, I raised it in the strongest terms in the media, and I appeared personally before the Senate Committee on Legal and Constitutional Affairs. While I was successful in protecting the ACT from the horrendous financial cuts the Commonwealth had determined, the Commonwealth could not be swayed from its broad policy position in relation to overall funding, nor from dictating terms on the way in which its money is to be dispensed.

I would stress again that, on balance, the outcome for the Territory as a result of this agreement is very positive. Access to justice for Territory citizens must, on the whole, be enhanced if more funds are available for legal aid in Commonwealth matters. I remind the Assembly that the Territory has not reduced its contribution to legal aid as a result of the increase in Commonwealth funding. The net result is a large increase in the amount available to Territory citizens for Territory matters, at least.

The opportunity has also been taken at this time to make certain other amendments to the Legal Aid Act, most of which are in the nature of housekeeping provisions. Under the Bill, the application of the Legal Aid Act to the Jervis Bay Territory is removed. There are no immediate implications flowing from this, as the commission does not currently provide services in Jervis Bay. However, it removes a possible future drain on the commission's resources should there be a call for legal aid services in the Jervis Bay Territory. If that need arises, it is appropriate that it be accommodated by Commonwealth funds.

The Bill also omits subsections 32(4), (5) and (6), which provide for judicial review of decisions of the commission in relation to maintaining a list of legal practitioners willing to undertake legal aid work. These subsections predate the Administrative Decisions (Judicial Review) Act 1989 which provides for the judicial review of this type of decision. Finally, the Bill omits subsection 56(2), which prohibits the chief executive officer and the assistant executive officer from holding office beyond 65 years of age, thus removing an unnecessary discriminatory feature in the Act.

Mr Speaker, this Bill is the final step in what has been a very difficult and unsettling period for the Legal Aid Commission and for the ACT community generally. While I would have preferred that the events of the past 18 months had not occurred, unlike other jurisdictions, the outcome for the ACT community, at least in financial terms, has been a positive one. I commend the Bill to the Assembly.

Debate (on motion by Mr Wood) adjourned.

MR STEFANIAK (Minister for Education and Training) (11.19): Mr Speaker, on behalf of the Minister for Industrial Relations, I present the Long Service Leave (Building and Construction Industry) (Amendment) Bill 1997, together with its explanatory memorandum.

Title read by Clerk.

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