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Legislative Assembly for the ACT: 2004 Week 03 Hansard (Thursday, 11 March 2004) . . Page.. 1116 ..

considerations that the registrar must have when deciding on disciplinary action. It is intended to enhance the “consistency, fairness and transparency” of the decision making.

I certainly think it is important to provide the registrar with some guidelines, and I am a little perturbed that they were not factored into the bill at an earlier stage. At clause 110 I have an amendment defining the registrar as a public authority for the purpose of the Annual Reports (Government Agencies) Act. That report must include details prescribed in the regulations, including—as information to report to the minister in the regulations in schedule 1 of this act—details of all disciplinary action. It is through that reporting process that transparency, fairness and consistency can be judged.

MS DUNDAS (5.33): As I indicated when we were debating Mr Corbell’s amendment No 3, the Democrats are happy to support this series of amendments, which clarifies the discretionary power of the building regulator. That will make this legislation better.

Amendment agreed to.

Clause 59, as amended, agreed to.

Clause 60.

MR CORBELL (Minister for Health and Minister for Planning) (5.33): I move amendment No 10 circulated in my name [see schedule 2 at page 1180]. This amendment inserts a note into the bill’s existing clause to cross-reference to the considerations under section 60A that the registrar must have regard to before taking disciplinary action.

Amendment agreed to.

Clause 60, as amended, agreed to.

Proposed new clause 60A.

MR CORBELL (Minister for Health and Minister for Planning) (5.34): I move amendment No 11 circulated in my name, which inserts a new clause 60A [see schedule 2 at page 1180]. This amendment specifies the considerations that the registrar must take into account under clause 59, as has been previously mentioned. The criteria include the degree of responsibility of the person for the act, or admission that made up the disciplinary ground, and whether, and the extent to which, it is necessary to protect the public from the person.

The proposed clause also stipulates that the registrar can consider any other relevant consideration. The intention is to ensure that the registrar can consider matters relevant to a particular circumstance that falls outside the scope of the matters agreed to in the condition. This amendment will provide guidance to the registrar in exercising discretionary power to take disciplinary action. It will also enhance the consistency, fairness and transparency of decision making. The construction industry will also benefit from having clear guidance on the kinds of matters that the registrar must have consideration to in the disciplinary decision-making process.

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