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Legislative Assembly for the ACT: 1999 Week 11 Hansard (19 October) . . Page.. 3330 ..
MR STEFANIAK (Minister for Education) (6.10): One of the big problems in the past has been the number of people who actually can reply and who have interests in this, and who feel left out of the system. Again, it goes back to interests of the child. One has to give due credence to the ability of the court to ensure that there are not any improper or frivolous assessments. That is something we will monitor, but this is an important revision in terms of having someone other than just the chief executive. In terms of experience, there is a strong case for something such as this to be included. The Government is happy with Mr Rugendyke's amendment. We note members' concerns and we will be monitoring it, too.
MS TUCKER (6.11): I am trying to understand what the Minister has just said. He said he can see why this is necessary "from personal experience", or something like that. That must mean the chief executive making the orders is inadequate. Is it not working with just the chief executive making the orders? Why is there a need to bring in these opportunities for other people? That is what I would like you to explain.
MR RUGENDYKE (6.12): It is unfortunate that the credibility of the chief executive has been brought into consideration here.
Ms Tucker: I am just asking a question.
MR RUGENDYKE: This provision allows concerned people to at least be heard on a matter such as this. Following consultation with the chief executive, it may be that the chief executive does not wish to intervene or to seek orders. But someone else may wish to exercise that right, including a parent. I agree it should be monitored, if passed, and see where it takes us in light of this new amendment.
Amendment agreed to.
Postponed clause, as amended, agreed to.
Postponed clauses 213 to 228, by leave, taken together and agreed to.
Proposed new clause 214A
MS TUCKER (6.13): I move:
That the following new clause be inserted in Division 5 of the Bill: Page 106, line 28:
"214A Review
(1) The Minister must review and evaluate the first 12 months of operation (the review period ) of this Act in relation to therapeutic protection, to determine whether therapeutic protection is being provided in appropriate cases and appropriate ways and to evaluate the effectiveness of therapeutic protection orders.
(2) The review must include consideration of relevant feedback received from the community and from people involved in providing therapeutic protection and of the reportable information.
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