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Legislative Assembly for the ACT: 2003 Week 10 Hansard (25 September) . . Page.. 3746 ..

MR CORBELL (continuing):

fair, equitable and just way. That approach will be enshrined by this bill if it is passed today.

Mr Smyth should do his homework. If he had, he would have known that the arbitrator is the one who makes the decision when you have arbitration. Mr Smyth said that I would be the umpire. He was quite wrong. The arbitration act provides for the arbitrator to make decisions. It is the arbitrator's role to interpret the rules and the principles and it is the arbitrator's role to finally determine the matter. Mr Speaker, it is the arbitrator agreed by both parties who will be the decision maker. Mr Smyth should do some homework before he makes the sort of silly assertion which he made earlier in the debate on this amendment.

Mr Smyth: You should read your act.

Mrs Burke: Yes. We don't know what you are going to be doing. It is scary.

MS TUCKER (5.29): The debate on this amendment is linked to Mr Smyth's amendment, as he has explained. Mr Smyth has expressed concern about the process under the government's amendments-in particular, the notifiable instrument as to the principles that will be followed to guide arbitration. I heard Mrs Burke just say or imply that that would be an undue influence on the process.

Mrs Burke: Did I?

MS TUCKER: Mrs Burke, I thought you were saying that you thought that the minister would write the rules and that there was a problem with that. Did you not say that?

Mrs Burke: No, I did not.

MR SPEAKER: Direct your comments through me, Ms Tucker.

MS TUCKER: Sorry. Forget everything I just said about what you said, Mrs Burke. Obviously, I misheard you. I thought you were worried about the minister having too much power. I am glad that you are not worried about that.

Mrs Burke: I am. Don't twist my words.

MS TUCKER: Oh, you are. The draft principles I have seen so far, which I understand are being worked on with the VMOs, are basically about procedural fairness. They are much more specific in some ways than would be the case under the Commercial Arbitration Act in that these process issues have been added.

For example, the arbitration must be conducted in a fair and reasonable manner, having regard to the principles of equity and the need to ensure the provision of efficient and effective health services in the public interest. The appointed arbitrator must have appropriate experience. The arbitrator may, subject to the Commercial Arbitration Act 1986, determine the procedure for the arbitration. The arbitrator is not bound by the rules of evidence and may inquire into and inform himself or herself on any matter in such a manner as he or she thinks fit, subject to the rules of procedural fairness.

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