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Legislative Assembly for the ACT: 2001 Week 3 Hansard (6 March) . . Page.. 573 ..

MR STEFANIAK (continuing):

time in response to changing social and taxation conditions. These should be retained in regulation form to allow continuing supervision of the inclusion of this group.

Question put:

The Assembly voted--

	 Ayes 8  				Noes 6

 Mr Berry  	Mr Stanhope  	Mrs Burke  	Mr Stefaniak
 Mr Corbell  	Ms Tucker  	Mr Cornwell   
 Mr Hargreaves  Mr Wood  	Mr Humphries
 Mr Moore    			Mr Kaine  
 Mr Rugendyke    		Mr Smyth 

Amendment agreed to.

Clause 12, as amended, agreed to.

Clause 13.

MR RUGENDYKE (12.00): I ask for leave to move amendments 1 and 2 circulated in my name together.

Leave granted.

MR RUGENDYKE: I move amendments Nos 1 and 2 on the white sheet circulated together in my name [see schedule 3 part 1 at page 695].

This is the first in the series of amendments that apply. One of the key planks of my bill was to retain the Tenancy Tribunal, and I strongly oppose the government's push to abolish the Tenancy Tribunal. I have already put to members the case that dealing with disputes in the Magistrates Court will unfairly advantage the wealthy, top end of town.

It has also been put to members that transferring the jurisdiction to the Magistrates Court will in practice transfer the court's civil jurisdiction rules of procedure to tenancy disputes, to the disadvantage of anyone who is not equipped to argue and follow technicalities. It will be more complex for small business. Small business advocates have also put that the Tenancy Tribunal does not generally award costs against the unsuccessful party, whereas the government's proposal will make the award of costs more likely.

I again refer to the House of Representatives inquiry report, Finding a fair balance. This committee recommended that all jurisdictions in Australia should have low-cost tenancy dispute resolution and low-cost mediation and conciliation of tenancy

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