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Legislative Assembly for the ACT: 2000 Week 2 Hansard (29 February) . . Page.. 333 ..

MR QUINLAN (11.19): The Opposition generally supports this Bill, which is broadly in line with recommendations of the Finance and Public Administration Committee, which I chair. It was originally prompted by the Assembly's concern over deregulation of the Canberra milk industry. The committee undertook to review the Chief Minister's statement concerning the implementation of an independent council on competition policy.

The committee reported and recommended the establishment of an independent competition and regulatory commission to continue the functions of the existing pricing regulator, as currently provided for in the Act, as a separate entity within the ICRC; to monitor the implementation of competition policy; and to inquire into and resolve issues of competitive neutrality and the implementation of competition policy.

The committee also recommended that the ICRC comprise five members or commissioners. I note that the Bill provides for only three members but with the option of appointing up to two more temporary assistant commissioners to act as specialists for particular inquiries. We see that as a reasonable approach.

The committee made several other recommendations dealing with consultation by the commission, its reporting requirements to the Assembly, the commission's method for deciding whether it should take on inquiries or not, and avenues for appeal and arbitration. The Bill addresses these recommendations to varying degrees.

The major point of concern for the Opposition is in relation to the self-funding authority aspect of the Bill. The Bill includes a provision for individuals or groups who wish to make an application to the commission for an inquiry to pay for that inquiry. The cost of such inquiries could run into many tens of thousands of dollars if it is lawyers at 30 paces. I am told that the reason for this is that it dissuades people from making frivolous or vexatious applications. I am also assured that it is not likely that the commission will refuse to conduct an inquiry purely on the basis that an applicant cannot pay. That is an assurance that we have perceived in very recent times. There are provisions for the commission to seek funding from other sources if it needs to.

I am not convinced that the references to a self-funding authority will not dissuade people who may otherwise have a legitimate application to make from proceeding with that application. However, I have been assured that the department is now working on an education program that will ensure no member of the community is disadvantaged by the Government's desire, as contained in the Bill, to avoid dealing with frivolous

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