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Legislative Assembly for the ACT: 2001 Week 3 Hansard (6 March) . . Page.. 667 ..

MR RUGENDYKE (9.41): Mr Speaker, I move amendment No 12 on the green sheet circulated in my name [see schedule 3 part 2 at page 711].

This amendment addresses the appeals process and takes on that aspect of my bill which sought to restrict appeals to points of law only. In the government bill appeals can be made to the Supreme Court on questions of law or fact. Again, this is geared towards prolonging disputes. My bill proposes that only questions of law may be subject to appeal, which is streamlining the process to promote a quicker resolution and removes the temptation for wealthy landlords to prolong the dispute in court.

MR STEFANIAK (Minister for Education and Attorney-General) (9.42): Mr Speaker, the government will be opposing this amendment. In fact it is contrary to section 48A of the self-government act. The Supreme Court has all original and appellant jurisdiction that is necessary for the administration of justice in the territory. That was set down by our self-government act. This really is effectively an impossible amendment for Mr Rugendyke to move.

MR STANHOPE (Leader of the Opposition) (9.42): Mr Speaker, on the basis of the constitutional advice provided by the Attorney on this provision, the Labor Party will not support this amendment. The government's advice is that the prospect of this amendment being passed is tantamount to being unconstitutional; that it is simply not possible to subsume the self-government act. I am prepared to accept that advice and we will not accept this amendment.

MS TUCKER (9.43): Well, after listening to the argument it seems impossible to support this amendment. I am a bit surprised that the amendment was put at all. When did you get this advice, and was it communicated to Mr Rugendyke?

MR STEFANIAK (Minister for Education and Attorney-General) (9.43): I am advised that the advice was conveyed to Mr Rugendyke through meetings of officials.

Amendment negatived.

Clause 141 agreed to.

Clause 142 agreed to.

Clause 143 agreed to.

Clause 144.

MR STEFANIAK (Minister for Education and Attorney-General) (9.44): Mr Speaker, I move amendment No 24 circulated in my name on the purple sheet [see schedule 1 part 1 at page 679].

This is a formal amendment to insert the words "in the lease" in the final part of paragraph 144 (2) (c). Those words were, I understand, incorrectly omitted from the existing bill.

MR STANHOPE (Leader of the Opposition) (9.44): The Labor Party agrees.

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