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Legislative Assembly for the ACT: 2004 Week 03 Hansard (Thursday, 11 March 2004) . . Page.. 1113 ..

MR CORBELL (Minister for Health and Minister for Planning) (5.22): I move amendment number 5 circulated in my name which inserts a new clause 35A [see schedule 2 at page 1179]. This amendment addresses the issue of discretionary administrative powers raised by the scrutiny of bills committee. Members will recall that in my response to the committee I indicated that criteria would be included to clarify the issues that the registrar must have regard to before making a decision to issue a rectification order.

This amendment inserts new clause 35A, which will require the registrar to consider certain matters when deciding whether it is or may be appropriate to make a rectification order. The considerations set out in the proposed clauses are any injury, loss or damage caused, or that could have been caused, by the contravention; and, if a rectification order is proposed, how the proposed order might affect people affected by the contravention.

The proposed clause includes examples intended to assist in understanding the kinds of things that the considerations may cover. They include reduction in safety, reliability, accessibility and any adverse effect on the health of the user of the thing affected by contravention. The proposed clause also stipulates that the registrar can take into account any other relevant consideration. The intention is to ensure that the registrar can consider matters of relevance that fall outside the scope of the substantive considerations. This recognises that a number of variables may be relevant to a particular circumstance.

This amendment will provide guidance to the registrar in the exercise of discretionary powers to issue rectification orders. This will enhance the consistency, fairness and transparency of decision making. The consideration will also inform the construction industry of the kinds of matters that can give rise to the issuing of a rectification order, thereby assisting the industry to comply with the legislation.

MRS DUNNE (5.24): The Liberal opposition will be supporting this amendment. Basically, it refers back to previous amendments. It gives clarity to what the registrar must take into consideration and, hopefully, will address the concern about contractual disputes.

Proposed new clause 35A agreed to.

Clause 36.

MR CORBELL (Minister for Health and Minister for Planning) (5.25): I move amendment No 6 circulated in my name [see schedule 2 at page 1179]. Scrutiny of bills report 45 included advice in response to a request from Mrs Dunne in relation to the operation of clause 146, which relates to rectification orders. While scrutiny of bills confirms that the clause does not have retrospective effect it made recommendations in the operation of clause 36.

Existing clause 36 (1) (c) provides that the registrar must be satisfied that it is not appropriate to make a rectification order because of the relationship between the landowner and the entity before authorising a licensee to rectify work. Clause 35 (3) places a limit on the age of work that can be subject to a rectification order. A

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