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Legislative Assembly for the ACT: 2002 Week 9 Hansard (20 August) . . Page.. 2456 ..

MR STANHOPE (continuing):

Another matter of community interest is the release of information about government contracts. The government is conscious of this and will introduce a bill to amend the Public Access to Government Contracts Act 2000. It will address the issues raised by the former Standing Committee on Finance and Public Administration in its report No 28 of 2001, which recommended that the act be amended. The proposed amendment will make chief executives responsible to put in place appropriate measures to ensure compliance with the requirements of the act and will also specify reporting requirements to improve the operation of the act.

Mr Speaker, the shortcomings of the territory's health system have been well and truly spotlighted with initiatives already under way to improve accountability, efficiency and the quality of services provided. The government will continue to enact, as soon as possible, any further legislation required in implementing the recommendations of the Reid review of organisational arrangements within the health portfolio.

The government will also enact any legislation required in responding to issues arising from the Gallop inquiry into disability services. The government will consult with the Disability Reform Group and the disability sector on proposals for legislation and introduce any necessary amendments to the Assembly later in the year.

An amendment will also be introduced to the Mental Health (Treatment and Care) Act 1994 to address a gap that has been identified in the mental health laws. Currently there is no specific power for the Mental Health Tribunal to order a stay of proceedings pending an appeal against one of its decisions. This means that an order of the tribunal for a person to undergo electro-convulsive therapy can be carried out by a doctor immediately following an order being made. Although the person has the right to appeal against the tribunal's decision, that right is effectively removed if the treatment is administered before an appeal is heard. The proposed amendment to the act will give the ACT Supreme Court the discretion to order that treatment be stayed pending appeal.

Another recent topical health area of public concern has involved reproduction. A Prohibition of Human Cloning Bill 2002 will be introduced to develop nationally consistent legislation on the banning of human cloning and other prohibited practices, and to regulate research on excess assisted reproductive technology embryos in the ACT.

Mr Speaker, the government is also keen to address law and order issues, with several items in the legislation program addressing these matters.

The Confiscation (Unlawful Proceeds) Bill 2002 will enhance our ability to combat serious and organised crime. The bill adopts many of the recommendations made by the Australian Law Reform Commission and innovations adopted elsewhere in Australia.

Its purpose is to make crime less profitable by increasing the risk that criminal profits will be confiscated. It retains the conviction-based forfeiture scheme contained in the current Proceeds of Crime Act 1991 and adds a new civil forfeiture mechanism, which enables forfeiture where, on the balance of probabilities, a court finds that property has been derived from serious illegal activities.

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