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Legislative Assembly for the ACT: 1999 Week 1 Hansard (18 February) . . Page.. 330 ..

MR HUMPHRIES (continuing):

of those problems. I table that advice from Mr Keady in my department. It appears that those problems are relatively minor in comparison with another rather more serious problem which has been discovered with the Bill itself, on the advice given to me.

Mr Speaker, the Bill passed yesterday repeals section 20 of the Children's Services Act. That particular section of the Act establishes the jurisdiction of the ACT Children's Court. I read that section:

The Magistrates Court has jurisdiction -

(a) to hear and determine informations against children; and

(b) to hear and determine applications and other proceedings under this Act with respect to children

and, when exercising that jurisdiction, shall be known as the Childrens Court.

Yesterday section 20 was repealed and, as a result, the jurisdiction of the Children's Court has been abolished, if not the Children's Court itself.

Ms Tucker: It is a drafting error. Just fix it. They are making drafting errors all the time. It is an art.

MR HUMPHRIES: Mr Speaker, this is a particularly serious drafting error. I put this comment in the context of the remarks made yesterday by the Government that we believed that we were taking this particular Bill too quickly. We asked specifically for more time and indeed moved, as I recall, that the debate be adjourned, which motion was rejected by the Assembly, including, as I recall, Ms Tucker. On the basis of inadequate time to consider this particular legislation and its amendments, we warned that there was a problem. Yet we were ignored by the Assembly, in particular Mr Hargreaves. I notice that he has left the chamber pretty quickly. He said yesterday:

I urge this Assembly to stop messing around, to stop talking any further and to just vote on the thing and have it passed.

Mr Hargreaves says, "Just do it. Forget about these technical details. Forget about the problems that your department might be having. Get on and just do it". We have just abolished the Children's Court or at least abolished its jurisdiction.

Mr Stanhope: Why did the Attorney not raise this in the debate yesterday?

MR HUMPHRIES: Because we did not have time to consider the issue, Mr Stanhope. We wanted more time to consider the issue.

Mr Stanhope: What was the Attorney-General doing in the debate? He is not across his portfolio. He is not up to it.

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