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Legislative Assembly for the ACT: 2001 Week 3 Hansard (6 March) . . Page.. 664 ..

MR STANHOPE (continuing):

I applaud the sentiment, Mr Rugendyke, but I just do not think it would work. It is an exhortation. It would be good to think that the Magistrates Court would deal with matters within 28 days, but it cannot be directed to do it. It would encourage adjournments. It is a form of exhortation that I do not think enhances legislation or the legislative process.

Amendment negatived.

Clauses 133 and 134, by leave, taken together and agreed to.

Clause 135.

MR RUGENDYKE (9.31): Mr Speaker, I move amendment No 9 on the green sheet circulated in my name [see schedule 3 part 2 at page 711].

MR STANHOPE (Leader of the Opposition) (9.31): The Labor Party will support this amendment.

MR STEFANIAK (Minister for Education and Attorney-General) (9.31): So does the government.

Amendment agreed to.

Clause 135, as amended, agreed to.

Clause 136 agreed to.

Proposed new clause 136A.

MR RUGENDYKE (9.32): Mr Speaker, I move amendment No 10 on the green sheet circulated in my name which proposes a new clause 136A [see schedule 3 part 2 at page 711].

Once again this amendment has been taken from my original bill. It relates to the granting of interim orders. This provides expressly for the court to make interim orders where urgent and appropriate circumstances require such an order to be made. Interim orders also ensure that there is an immediate response to any inappropriate conduct by landlords or tenants. The aim of the concept is to act and to resolve the situation while it is a molehill and before it turns into a mountain. I commend this amendment to the Assembly.

MR STEFANIAK (Minister for Education and Attorney-General) (9.32): The government will be opposing this amendment. The focus should be in terms of people resolving matters. At any rate this merely effectively duplicates unnecessarily the jurisdiction of the court in clause 131 which indicates that the Magistrates Court has jurisdiction to decide applications under this act, including these types of matters. It is quite unnecessary. The court already has the powers in its exercise of a broad equitable and legal jurisdiction under this act. Clause 131 does that.

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