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Legislative Assembly for the ACT: 2003 Week 1 Hansard (18 February) . . Page.. 111 ..

MS TUCKER (continuing):

The first is probate resealing, which affects the legal basis for ACT courts to approve wills which concern property held in other jurisdictions, particularly overseas jurisdictions. The process established here differs from that recommended by the New South Wales Law Reform Commission and from the national draft bill. The difference is that our model does not include guidelines for establishing acceptable countries. Instead, it is open to our government to maintain a list in the regulations of acceptable countries.

The government has explained that it believes that this list is sufficiently flexible to keep up with developments. I am prepared to accept its assessment, but I do see the logic of establishing guiding principles in addition to a list, so that courts can make assessments at the time if changes have not been kept up with in a hypothetical, future, overstretched department, without having to significantly delay the settling of a will.

An interesting change has been proposed to the Juries Act to accommodate the situation of a particular religious group, the Brethren, whose beliefs proscribe their participation in juries because they fundamentally believe that judges and parliaments are appropriate decision makers, that they do not have the authority to order someone to do something against their will, and they have difficulties in making joint decisions with people who do not share their faith.

I am assured that this clause has been written tightly so that it will not represent an escape clause on what is a citizen's responsibility in our democracy. The Brethren have found in some recent cases round Australia that their previously accepted requests for exemption were being unmet. This amendment will ensure that they will be acknowledged. Individuals will still have to plead their case, but religious beliefs will be a legitimate ground to consider.

MS DUNDAS (4.08): The ACT Democrats also will be supporting this bill, which contains technical and non-controversial amendments to 14 pieces of legislation. It recognises that Hong Kong is still included in the Administration and Probate Act, despite returning to China's rule 51/2 years ago. The Fair Trading Act is being updated to take into account national model legislation in the area of pyramid selling and includes Commonwealth decisions in regard to product safety areas.

The amendments to the Fire Brigade Act allows the Fire Commissioner to inspect building works for fire safety and assess the works for compliance, making the situation workable and, importantly, enforceable. The changes to the Juries Act are minor, but worthy of some note. No longer will newspaper editors, teachers or ministers of religion be automatically exempt from jury service, but they may claim to be exempt. I believe that the wording of this clause of the bill is sufficient enough to address the concerns that have been raised by some members of the community.

There are also to be changes to the Law Officer Act and the leases act in light of a recent decision by our Chief Magistrate. The Magistrates Court Act is being amended to allow the issuing of infringement notices for all offences, whereas previously offences that contained imprisonment penalties were excluded.

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