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Legislative Assembly for the ACT: 1999 Week 7 Hansard (1 July) . . Page.. 1964 ..

MR MOORE (continuing):

Act, to become registered, providing they had practised as a psychologist for four years in the ten years prior to the commencement of the Act. The inclusion of such a provision was intended to ensure that such persons would not have their livelihood compromised by the introduction of the legislation. It was intended that this provision would be limited by a timeframe of six months after the commencement of the Act.

Discussions with the Psychologists Board of NSW at the time of preparing the policy direction for the legislation, indicated that serious difficulties could arise for the Board unless a finite time was specified in the legislation after which the transitional provisions would cease. The transitional provisions in the NSW Psychologists Act 1989, had the potential to be ongoing. As a result of the difficulties this created for the NSW Board, the NSW Act was amended in September 1994 to remove those provisions.

Following difficulties in the interpretation of the legislation by the Board, legal advice was sought and confirmed that the provisions of section 57 are not finite and that persons who are not qualified to gain registration under the substantive provisions of the Act can continue to make application under section 57.

Statutory regulation exists in the interest of the protection of the public. The transitional provisions of the Act as they exist appear not to assist the board in administering the Act in a manner in which it can be confident in offering the public such protection.

In repealing sections 57, 58 and 59 of the Psychologists Act 1994, a provision has been included in the Amendment Bill which allows for all applications before the board under section 57 or before the administrative appeals tribunal under section 58 of the Act which have not been decided before the commencement of the Bill, to be taken as withdrawn.

Debate (on motion by Mr Wood ) adjourned.

MR BERRY: Pursuant to standing order 127 and at the request of Mr Osborne, I fix a later hour this day for moving the motion on the notice paper.

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